The Law of Securitisations: From Crisis to Techno-Sustainability

Law of Securitisations: from Crisis to Techno Sustainability provides a full and detailed account of the EU legislation in the area of structured finance with the new legal rules dissected and discussed in their full extent. Securitisation transactions have been identified in the literature among the main reasons for the 2007/2008 financial crisis, alongside with derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of the securitisations in the EU. On such a background the main purpose of the book is to discuss and analyse, in a holistic way, both the rationale behind the securitisations as financial transactions and their main players (e.g. originators, SPVs and credit rating agencies) and their "ESG" challenges, particularly the recent regulation passed in the EU during the "2020/2021 global pandemic". The goal of this legal analysis is to identify and clarify the entire legal process of securitisations, as a result of the new EU legislation, as well as duties, responsibilities and practices incumbent on the main players. Furthermore, the monograph is also concerned with the new challenges facing financial markets and their regulation: the new concept of sustainability and the development of technology. In this scenario, there is a blend of financial issue, new environmental challenges and, ultimately, the role those human beings are expected to play, also from a social justice perspective.

Adopting not just doctrinal methodology, but also comparative (from a private law perspective) and interdisciplinary (regulatory and law and economics). Furthermore, the authors also include discussion of the main literature blossomed in the last two decades in the structured finance transactions, particularly that literature that has coined and unveiled, a decade ago, the concept of shadow banking. This book will be one of the first to focus on the new EU securitisation regulation and will be of interest to academics, students and practitioners of financial law.