Theory Of Bankruptcy Agreed Terms And Conditions Of The Force Of Law

In recent years, the development of the financial derivatives market plays a vital role in the financial markets on the economic development of countries. Especially after the world financial crisis, countries on the financial markets put more attention. Financial derivatives is an important part of today’s financial markets, it has the nature is different from traditional transactions. With the development of derivatives markets, financial derivatives transactions have also developed a special system. But these provisions and national laws should be how to coordinate the provisions of the bankruptcy law is in conflict with national laws exploration.This article from the bankruptcy law point of view of insolvency law regimes co-ordination and financial derivatives trading system. Bankruptcy agreed terms with the financial derivative transactions to protect the special system of conflict, and how special protection of the bankruptcy law for financial contracts. Comparative analysis of methods for countries to the special provisions for financial contracts, especially in the bankruptcy law in a special protection system are described, and raised in China for the special protection of the financial contracts, as well as system programsThe first chapter the terms of the basic theory of bankruptcy agreed to do the introduction and summary of the system. Agreed provisions of the fundamental values of the bankruptcy law to protect the United States Bankruptcy Code in the bankruptcy analysis, to determine the effectiveness of bankruptcy agreed terms in the legal system.The second chapter introduces the financial derivatives of the basic theoretical knowledge, through its concept, the legal nature of the transaction risk analysis of the content, understand the particularity of financial derivatives should be given special protection of the financial derivative transactions concluded, certainly from a legal perspective.The third chapter introduces the ISDA agreement relating to financial derivative trading special trading system-termination of a netting system. The main provisions of the right to terminate the "single agreement","netting" and other elaborate description of these special provisions and bankruptcy agreed the terms of the legal effect of the relationship.The fourth chapter by a comparative approach introduced the special provisions of the insolvency laws on financial derivatives. Mainly to explain how countries require special system of financial derivative transactions in the bankruptcy law, as well as how to coordinate the terms of these special system agreed with the bankruptcy.The fifth chapter Introduces a special system of financial derivatives trading with China,"Bankruptcy Law" system of conflict, and our laws should learn from foreign legislative experience, and special provisions for financial derivatives transactions.