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Securities in Russia: The Traditions of the Pandect System and Electronic Commerce 353 those rights and in the end recognized not only the possibility of but the need for vindication claims in relation to non-documentary securities. The applica- tion of the rules of vindication allows better protection of the interests of the bona fi de purchaser of the right evidenced by a non-documentary security. Special Features of the Legislative Defi nition of a Bona Fide Purchaser for Securities. When defi ning a bona fi de possessor of an investment security, including non- documentary, it is necessary to remember that the Law on Securities Markets (part 20 of Article 2) clarifi es this defi nition as compared with the norm in Article 302, part 1, of the Civil Code. Unless proven otherwise, a person who acquired securities, paid for them, and at the time of purchase did not and could not know about the rights of third parties to those securities is recognized as a bona fi de purchaser. What calls attention here is the fact that this defi nition of good faith as applied to investment securities includes not only the subjective attitude of the purchaser to specifi
Review of Central and East European Law – Brill
Published: Jan 1, 2005
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