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Defining the Legal Nature of Derivative Financial Instruments
Abstract.In his article Gavrilov touches upon the definition of the legal nature of derivative financial instruments. Within the framework of this research, the author carries out a complex analysis of the legal nature of derivative financial instruments, in particular, he analyzes the approaches the academic community offers to the matter as well as applicable laws and regulations of Russia on derivative financial instruments and judicial practice. Special attention is paid to the relationship between derivative financial instruments, value documents and wagering contracts. To illustrate the genesis of the legal nature of derivative financial instruments, Gavrilov uses particular examples from the court practice. The methodological basis of the research involves dialectical, formal law, comparative law and structured system analysis. The novelty of the research is caused by the fact that the author makes an attempt to offer his own definition of what derivative financial instrument is and shares his opinion on the derivative financial instrument legislation. He also suggests what areas of the legislation should be improved in the sphere of derivative financial instruments and concludes that value documents and derivative financial instruments are of completely different nature. The author also differentiates between derivative treaties and wagering contracts.
Keywords: legal nature of derivatives, derivative transaction, futures contract, derivatives market, derivative, derivative financial instrument, value document, wagering contract, aleatory contract, essence of derivative
Article was received:11-10-2018
This article written in Russian. You can find full text of article in Russian here .