This work is the result of my doctoral research, accepted as a doctoral dissertation
by the Faculty of Law of the University of Hamburg in Summer Semester 2011.
This book concerns a comparative analysis of intermediated securities and the
intermediated systems (also known as the indirect holding systems) of major
jurisdictions from the perspectives of substantive law and private international
law. This book maintains that the current German and Korean intermediated
systems, which were constructed based upon the traditional German property law
model, are outdated, since tangible securities certificates (Wertpapiere) lost their
original functions, and intangible credit book-entries, termed as account securities
in this book, replace the functions of securities certificates in the intermediated
systems. With a view to discovering proper substantive and conflict of laws rules
for the German and Korean intermediated systems, to render them legally certain,
sound, efficient and interoperable, this book further analyses two important international
instruments, the Geneva and Hague Securities Conventions, the current EU
regimes, and the U.S., Japanese and Swiss intermediated systems, ultimately
proposing an internally dematerialised system that recognises functions of intangible
book-entries, which replace functions of securities certificates. This approach
to dealing with issues associated with intermediated securities may suggest ways
to tackle the problem that legal theories and rules designed and developed resting
on tangibles no longer fit legal issues arising in the Information Age and the
knowledge-based society.