On the “Idea”and “Expression”of Securities
LI Zhen-nin
Abstract
LI Zhen-nin
Abstract
The theory ofidea- expression dichotomyis an important principle in the field of Copyright Law,which,in the sense of methodology,provides a research method to distinguish the content and the form of rights. For securities,the ideais securities right,the expressionis the way that represents securities. In the era of physical securities,securities' ideaand expressionhave oneness,the protection of securities could be realized through the protection of coupons with Property Law. Paperless securities changes the traditionalexpressionof securities,securities account becomes the document of title with systematic importance,there should be a securities legal system with the core of securities account to protect securities account holder's rights and interests and guarantee the transfer of securities rights.
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The theory ofidea- expression dichotomyis an important principle in the field of Copyright Law,which,in the sense of methodology,provides a research method to distinguish the content and the form of rights. For securities,the ideais securities right,the expressionis the way that represents securities. In the era of physical securities,securities' ideaand expressionhave oneness,the protection of securities could be realized through the protection of coupons with Property Law. Paperless securities changes the traditionalexpressionof securities,securities account becomes the document of title with systematic importance,there should be a securities legal system with the core of securities account to protect securities account holder's rights and interests and guarantee the transfer of securities rights.
Key concepts: Private placement, Broker-dealer, Third market, Hybrid security, Business, Investment banking, National best bid and offer, Unit investment trust