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Synthetic securitisation in South African law
Thesis (LLD)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613635834019841 |
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| access_status_str | Open Access |
| author2 | Delport, P.A. (Piet A.) |
| author_browse | Delport, P.A. (Piet A.) |
| author_facet | Delport, P.A. (Piet A.) |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53208 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:17.410Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/53208 Synthetic securitisation in South African law Delport, P.A. (Piet A.) wesselsfc@gmail.com Wessels, Francois Claassens UCTD Law theses SDG-17 SDG-17: Partnerships for the goals Thesis (LLD)--University of Pretoria, 2015. The objective of this thesis is to critically analyse synthetic securitisation schemes in South African law as synthetic collateralised debt obligations using primarily credit default swaps (CDSs). This transpires from the perspective of primarily company law, and secondarily securities law and the law of contract. It includes a contextualised study of these schemes with regards to their origins, their significance regarding the recent financial crisis, and their rationales micro-economic influence and Basel capital requirements. Not only are the participants, such as parties acting in a primary role and secondary role and special-purpose institutions, studied, but also the obligations between these parties, such as the CDS contract, and the meaning of commercial paper, the legal nature of credit-linked notes, the business of a bank, and the influence of recent case law. It also includes a consideration of synthetic securitisation schemes in terms of the Collective Investment Schemes Control Act 45 of 2002. Furthermore, the role of systemic risk and moral hazard is explained, as well as the interaction between synthetic securitisation schemes, credit rating agencies and the function of risk management. The CDS is compared with insurance contracts, and a discussion of the 2014 International Swaps and Derivatives Association Credit Derivative Definitions is incorporated. For legal comparison, the South African model is compared with Canadian law and its unfunded credit derivatives in the light of recent regulation, and compared to German law and its prevalence of funded credit derivatives. Finally, suggestions are made as to the future of synthetic securitisation schemes. Mercantile Law LLD Unrestricted 2016-06-14T09:45:25Z 2016-06-14T09:45:25Z 2016-04-14 2015 Thesis Wessels, FC 2016, Synthetic securitisation in South African law, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53208> A2016 http://hdl.handle.net/2263/53208 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Law theses SDG-17 SDG-17: Partnerships for the goals Synthetic securitisation in South African law |
| title | Synthetic securitisation in South African law |
| title_full | Synthetic securitisation in South African law |
| title_fullStr | Synthetic securitisation in South African law |
| title_full_unstemmed | Synthetic securitisation in South African law |
| title_short | Synthetic securitisation in South African law |
| title_sort | synthetic securitisation in south african law |
| topic | UCTD Law theses SDG-17 SDG-17: Partnerships for the goals |
| url | http://hdl.handle.net/2263/53208 |