Das Kollisionsrecht der indirekt gehaltenen Wertpapiere

Both the European Union and the Hague Conference on Private International Law have recently been dealing intensively with questions on conflict of laws with respect to transactions involving international securities. The common denominator of the Community regulations, and the accepted convention of the Hague Conference on December 13, 2002 concerning the law to be applied to certain rights regarding securities held with an intermediary is the replacement of the lex cartae sitae by connecting factors which focus on safe-custody accounts and the rights registered with them. The aim of this work is to evaluate these regulations as well as the Community provisions based on section 17a of the German law on deposit of securities (§ 17a des deutschen Depotgesetzes), and to develop an individual connecting factor.