Issues arising from the concept of promise of sale in relation to investment instruments

Abstract

The aim of this thesis is to analyse certain aspects arising from the institute of promise of sale when applied to investment instruments. The first chapter will determine whether an investment instrument may be the object of a promise of sale as well as other issues. The second chapter proposes to examine the formalities required under Maltese Law in respect to a valid promise of sale. Following this, in the third chapter I propose to consider various issues relating to specific performance, termination and damages. I also intend to discuss in chapter 4 the procedure for collateralization, netting and set-off. In carrying out such analysis reference will be made particularly to UK and Italian authors, jurisprudence and market practices. The said reference will be compared to Maltese case-law and to the sections relating· to promise of sale under the Maltese Civil Code.