Lex situs: Difference between revisions

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{{anat|gmsla}}{{tag|Latin}} for “''the law of the place''”. Relevant when contemplating the [[magic incantation|deep magic]] of taking {{tag|security}} over assets in far-off places.  
{{anat|security}}{{tag|Latin}} for “''the law of the place''”. Relevant when contemplating the [[magic incantation|deep magic]] of taking {{tag|security}} over assets in far-off places.  


In a nutshell, international conventions of [[security]] law say that it is best to have [[security interest|security interests]] governed by the “[[lex situs]]” – the prevailing domestic law where the secured assets are physically located.  
In a nutshell, international conventions of [[security]] law say that it is best to have [[security interest|security interests]] governed by the “[[lex situs]]” – the prevailing domestic law where the secured assets are physically located.  


So, if your assets are held in a tri-party collateral arrangement in Luxembourg, for example, even if your trading contract is an english law {{gmsla}}, you ought to have a [[Luxembourg]] law [[pledge]] to go with your English law [[Fixed charge|fixed]] or [[floating charge]].
So, if your assets are held in a [[tri-party collateral arrangement]] in {{tag|Luxembourg}}, for example, even if your trading contract is an English law {{gmsla}}, you ought to have a [[Luxembourg law pledge]] to go with your English law [[Fixed charge|fixed]] or [[floating charge]].