Securitization of Rights in Electronic Commerce Environment

DOI

10.2991/icesem-17.2017.26How to use a DOI?

Keywords

securitization of rights; electronic commerce; paper documents;Electronic Bills of Lading

Abstract

Securitization of rights for paper-based securities is to integrate intangible rights with unique and tangible objects and the circulation of paper-based securities symbolizes the negotiability of rights. However, in electronic commerce, the essence of circulation of electronic securities is the control of the electronic transferable records, which is included in the legal relation of assignment of contractual rights. The purposes of this study is to analyze that transference of right of control of electronic transferable records has the same legal effect with the negotiability of traditional securities and further to make specific advice about legislation concerning electronic transferable securities in China. Trough making a comparison, logical analysis and value analysis, the paper draws following conclusions: it is two sides of the same coin to verify the legal controller of an electronic transferable record and to verify the uniqueness of the paper-based securities. Control of electronic transferable records and an assignment of right of control are functionally equivalent to possession, endorsement and delivery of paper-based securities. Therefore, the legality and validity of electronic securities shall be acknowledged by legislation in China.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Peng Guo
PY  - 2017/10
DA  - 2017/10
TI  - Securitization of Rights in Electronic Commerce Environment
BT  - Proceedings of the 2017 International Conference on Education Science and Economic Management (ICESEM 2017)
PB  - Atlantis Press
SP  - 111
EP  - 115
SN  - 2352-5398
UR  - https://doi.org/10.2991/icesem-17.2017.26
DO  - 10.2991/icesem-17.2017.26
ID  - Guo2017/10
ER  -