Right of Retention in Sevurities Transactions

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TAGHIPOUR BAHRAM; Salehi Narjes

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Journal Paper

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2021 | Volume:84 | Issue:112 Page(s): 179-200

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Information Journal Paper

Title

Right of Retention in Sevurities Transactions

Author(s)

TAGHIPOUR BAHRAM | Salehi Narjes | Issue Writer Certificate

Keywords

BrokerQ1

Conditional Block TransactionsQ1

Primary MarketQ1

Secondary MarketQ1

SecuritiesQ1

Abstract

Right of Retention in Securities Transactions In the capital market, there is a range of transactions between the issuer and the investor or between the Securities buyer’ s and seller’ s Brokers. These transactions, like other kinds transactions in the non-regulated markets, require efficient rules and sanctions. Some of the sanctions are individually restricted to the capital market transactions and have been enacted by the Securities Exchange Organization and Securities and Exchange High Counsel. Some other sanctions can be drawn out of the general rules governing contracts. It is expected that right of retention, as a general rule governing contracts, is applicable in capital market transactions, as well. However, given the specific rules governing the Securities market and the necessity of using Brokers’ services in this market, there are some skepticisms on the right of retention in Securities transactions. This study, in a descriptive-analytic way, shows that despite the fact that the right of retention is the general rule of contracts, there are serious skepticisms regarding its application in Securities transactions because of the unique nature of these transactions and the fact that these transactions are realized through Brokers and central depository company. This is sometimes for the purpose of protecting investors in the context of capital market regulations but some other times violates both investors’ and Brokers’ rights. Therefore, it is necessary to set up the Delivery vs. Payment (DVP) system to cover the gaps.

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APA: Copy

TAGHIPOUR, BAHRAM, & Salehi, Narjes. (2021). Right of Retention in Sevurities Transactions. THE JUDICIARY’S LAW JOURNAL, 84(112 ), 179-200. SID. https://sid.ir/paper/399238/en

Vancouver: Copy

TAGHIPOUR BAHRAM, Salehi Narjes. Right of Retention in Sevurities Transactions. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;84(112 ):179-200. Available from: https://sid.ir/paper/399238/en

IEEE: Copy

BAHRAM TAGHIPOUR, and Narjes Salehi, “Right of Retention in Sevurities Transactions,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 112 , pp. 179–200, 2021, [Online]. Available: https://sid.ir/paper/399238/en

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