The Jurisprudential and legal analysis of the relation between Issuer and Special Purpose Vehicle(SPV) in mortgage-backed securitie

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jafari nadoushan Aliakbar; zirakbaraki Asghar

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Journal: Islamic jurisprudence Resaerch Year:2019 | Volume:14 | Issue:4 Page(s): 885-905

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Information Journal Paper

Title

The Jurisprudential and legal analysis of the relation between Issuer and Special Purpose Vehicle(SPV) in mortgage-backed securitie

Author(s)

jafari nadoushan Aliakbar | zirakbaraki Asghar | Issue Writer Certificate

Keywords

Mortgage loanQ1

Mortgage-Backed SecuritiesQ1

debt saleQ1

NovationQ1

transfer of claimQ1

Abstract

The Jurisprudential and legal analysis between involved parties in Mortgage-Backed Securities-as an important financial instrument for banks and credit institutions-needs to be explained. Since Issuer and Special Purpose Vehicle (SPV) are the main parties involved, the relation between them is of utmost importance. Our legal concept candidates here are debt sale, Novation, and transfer of claim. Some of the Islamic lawyers disagree with some of the assumptions of debt sale so that reaching an agreement is not likely here. Besides problems with its form and content, Novation has the problem of all its guaranties being canceled once the first obligation is so, and we need new guaranties which make Novation less practical. transfer of claim seems more applicable than others because in addition to having the advantages of other candidates has the advantage of all legal guaranties being transferable without borrower’ s permission

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APA: Copy

jafari nadoushan, Aliakbar, & zirakbaraki, Asghar. (2019). The Jurisprudential and legal analysis of the relation between Issuer and Special Purpose Vehicle(SPV) in mortgage-backed securitie. ISLAMIC JURISPRUDENCE RESEARCH, 14(4 ), 885-905. SID. https://sid.ir/paper/369903/en

Vancouver: Copy

jafari nadoushan Aliakbar, zirakbaraki Asghar. The Jurisprudential and legal analysis of the relation between Issuer and Special Purpose Vehicle(SPV) in mortgage-backed securitie. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2019;14(4 ):885-905. Available from: https://sid.ir/paper/369903/en

IEEE: Copy

Aliakbar jafari nadoushan, and Asghar zirakbaraki, “The Jurisprudential and legal analysis of the relation between Issuer and Special Purpose Vehicle(SPV) in mortgage-backed securitie,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 14, no. 4 , pp. 885–905, 2019, [Online]. Available: https://sid.ir/paper/369903/en

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