Avtal om kreditderivat

Sammanfattning: The credit derivative contract is a new type of contract in the Financial Law and Banking Law that emerged in the early 1990’s and now applies all over the world. The purpose of the credit derivative contract is to transfer credit risk associated with underlying instruments to the counterpart, without delivering or transferring any of the underlying instrument itself. The part that takes over the credit risk receives payment for taking over the credit risk from the other part.The thesis analyses the credit derivative contract in relation to the existing legislation, the legal nature of this type of contract and compares it to similar types of contracts in Swedish Law and English Law. The thesis analyses also the two main types of the credit derivative contracts and 2003 ISDA Credit Derivatives Definitions and 2002 ISDA Master Agreement. These documents constitute the partly standardised documentation that is used to document the credit derivative contract.Based on the analysis described above, the thesis presents conclusions regarding development of the credit derivative contract. Some of important conclusions are that the credit derivative contract is a different type of contract from the credit insurance contract and some other types of contract, that the credit derivative contract is dependent on its comprehensive documentation and that it is a new type of contract because it combines the existing legal terms and elements in a new way.