Problems of conflict regulation of emission and circulation of securities: de lege lata et de lege ferenda

Abstract

In the near future the Civil Code of the Russian Federation will undergo the most significant changes since the moment of its enactment. However, the rules of the Civil Code which regulate the procedure of resolving the conflicts between laws and regulations have remained almost unchanged. According to the author, it is necessary to include in the Civil Code of the Russian Federation the rules which regulate the conflicts between legal rules regarding the issue (emission), circulation and cancellation (liquidation) of securities taking into account the law making experience of foreign countries.

Keywords:

сonflicts regulation of emission and circulation of securities, right in rem, accrual of rights provided by securities, particulars of securities, legal personality of a debtor according to the securities