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Aktuelle Fragen des Bank- und Kapitalmarktrechts I: Non-Performing-Loans/Faule Kredite - Handel, Work-Out, Outsourcing und Securitisation

Author

Listed:
  • Anders, Dietmar
  • Binder, Andreas
  • Hesdahl, Ralf
  • Schalast, Christoph
  • Thöne, Thomas

Abstract

The report deals with the current legal questions relating to the trading, working out and outsourcing of non-performing loans. Within this framework the basic legal provisions and the problems arising therefrom, for example, in the area of data protection or banking secrecy, are explained and practical suggestions for a proposed line of action are made. The solutions range from the classical working out in banks over the new concept of a bad bank to legally complex conception, such as securitisation. The objective is to identify the basic lines taken in the discussion so far and to pinpoint the approaches for a continued development of the topic for the purposes of research and legal practice.

Suggested Citation

  • Anders, Dietmar & Binder, Andreas & Hesdahl, Ralf & Schalast, Christoph & Thöne, Thomas, 2004. "Aktuelle Fragen des Bank- und Kapitalmarktrechts I: Non-Performing-Loans/Faule Kredite - Handel, Work-Out, Outsourcing und Securitisation," Frankfurt School - Working Paper Series 54, Frankfurt School of Finance and Management.
    • Handle: RePEc:zbw:fsfmwp:54
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    Citations

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    Cited by:

    1. Carsten Herrmann-Pillath, 2009. "Social capital, Chinese style: individualism, relational collectivism and the cultural embeddedness of the institutions–performance link," China Economic Journal, Taylor & Francis Journals, vol. 2(3), pages 325-350.
    2. Christina E. Bannier, 2010. "Is there a Holdup Benefit in Heterogeneous Multiple Bank Financing?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 166(4), pages 641-661, December.
    3. Roßbach, Peter & Karlow, Denis, 2011. "The stability of traditional measures of index tracking quality," Frankfurt School - Working Paper Series 164, Frankfurt School of Finance and Management.
    4. Herrmann-Pillath, Carsten, 2010. "Rethinking evolution, entropy and economics: A triadic conceptual framework for the maximum entropy principle as applied to the growth of knowledge," Frankfurt School - Working Paper Series 146, Frankfurt School of Finance and Management.
    5. Löchel, Horst & Polleit, Thorsten, 2005. "A case for money in the ECB monetary policy strategy," Frankfurt School - Working Paper Series 61, Frankfurt School of Finance and Management.
    6. C. Herrmann-Pillath, 2011. "A Neurolinguistic Approach to Performativity in Economics," Voprosy Ekonomiki, NP Voprosy Ekonomiki, issue 2.
    7. Heimer, Thomas & Hölscher, Luise & Werner, Matthias Ralf, 2008. "Access to finance and venture capital for industrial SMEs," Frankfurt School - Working Paper Series 97, Frankfurt School of Finance and Management.
    8. Herrmann-Pillath, Carsten, 2010. "Meaning and function in the theory of consumer choice: dual selves in evolving networks," Frankfurt School - Working Paper Series 153, Frankfurt School of Finance and Management.
    9. Almer, Thomas & Heidorn, Thomas & Schmaltz, Christian, 2008. "The dynamics of short- and long-term CDS-spreads of banks," Frankfurt School - Working Paper Series 95, Frankfurt School of Finance and Management.
    10. Schalast, Christoph & Barten, Benita, 2008. "Private Equity und Familienunternehmen: eine Untersuchung unter besonderer Berücksichtigung deutscher Maschinen- und Anlagenbauunternehmen," Frankfurt School - Working Paper Series 107, Frankfurt School of Finance and Management.
    11. Löchel, Horst & Pecher, Florian, 2008. "The strategic value of investments in Chinese banks by foreign financial institutions," Frankfurt School - Working Paper Series 91, Frankfurt School of Finance and Management.
    12. Yu, Xiaofan, 2011. "A spatial interpretation of the persistency of China's provincial inequality," Frankfurt School - Working Paper Series 171, Frankfurt School of Finance and Management.
    13. Schäffler, Christian & Schmaltz, Christian, 2009. "Market liquidity: an introduction for practitioners," Frankfurt School - Working Paper Series 131, Frankfurt School of Finance and Management.
    14. Heidorn, Thomas & Kahlert, Dennis, 2010. "Implied correlations of iTraxx tranches during the financial crisis," Frankfurt School - Working Paper Series 145, Frankfurt School of Finance and Management.
    15. Polleit, Thorsten & Gerdesmeier, Dieter, 2005. "Measures of excess liquidity," Frankfurt School - Working Paper Series 65, Frankfurt School of Finance and Management.
    16. Kostka, Genia & Hobbs, William, 2010. "Energy efficiency in China: The local bundling of interests and policies," Frankfurt School - Working Paper Series 151, Frankfurt School of Finance and Management.
    17. Packham, Natalie & Schlögl, Lutz & Schmidt, Wolfgang M., 2009. "Credit dynamics in a first passage time model with jumps," CPQF Working Paper Series 21, Frankfurt School of Finance and Management, Centre for Practical Quantitative Finance (CPQF).
    18. Kostka, Genia & Zhou, Jianghua, 2010. "Chinese firms entering China's low-income market: Gaining competitive advantage by partnering governments," Frankfurt School - Working Paper Series 147, Frankfurt School of Finance and Management.
    19. Herrmann-Pillath, Carsten, 2011. "Revisiting the Gaia hypothesis: Maximum Entropy, Kauffman's 'Fourth Law' and physiosemeiosis," Frankfurt School - Working Paper Series 160, Frankfurt School of Finance and Management.

    More about this item

    Keywords

    Non-Performing-Loans; Distressed Debt Trading; Bad Bank; Work-Out; Outsourcing; Securitisation; Data Protection; Banker´s duty of secrecy; True Sale; Asset-Backed Securities;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K29 - Law and Economics - - Regulation and Business Law - - - Other

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