Enforcement proceedings on dematerialized securities differ substantially, depending on whether enforcement is sought on dematerialized securities that are listed (marketable securities) or on dematerialized securities that are not listed (non-marketable securities).
The area under discussion has been the subject of fundamental changes in the field of jurisdiction that were meant to make this legal instrument more appealing to creditors. The pursuit of the principles of economy and speeding up of proceedings are at the core of enforcement proceedings and represent the greatest advantage of enforcement on dematerialized securities, especially low enforcement costs and the speed of enforcement proceedings.
Regardless of the above, a number of issues remain open, especially whether, in practice, the currently applicable legal regime in the area under discussion pursues the principle of economy and speeding up of proceedings. The master’s degree thesis is comprised of an analysis of the relevant laws and regulations, the tasks and competences of the entities involved in enforcement proceedings, the participants in enforcement proceedings on dematerialized securities, and a proposal for a new legal regime governing the enforcement of dematerialized securities.
|
