Party Autonomy in International Property Law - Peace Palace Library

11. Financial Collateral Arrangements and Party Autonomy
I have also argued that security might take the form of a contractual
arrangement between the security provider, the security taker and the
account bank (or financial intermediary if the collateral consists of fungible
securities). These contractual arrangements would offer the parties
ultimate freedom and thus the highest level of party autonomy, but there
are remaining doubts as to the validity of these arrangements when the
collateral is to consist of fungible securities.
Reinout M. Wibier
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