Over the past two decades, financial collateral arrangements have emerged in Europe, such as repurchase, securities lending and derivatives arrangements. Such arrangements relate to cash and securities and are typically entered into by banks and other major players on the financial markets.
This book provides an overview of the markets in which financial collateral arrangements are entered into and analyses these arrangements from a legal point of view.
The focus is on the European Directive on financial collateral arrangements, and in particular on the consequences of this directive for national rules of property and insolvency law.
Issues examined are the provision of financial collateral by way of a title transfer, the granting of a general right of disposal in respect of encumbered assets to a secured party, and the enforcement of interests in financial collateral.
Whereas the main focus in this book is on Dutch law, comparisons are made with American, English and German law.