Abstract

MURIEL CICERI, José Hernán. SHORT SALES IN THE CAPITAL MARKET? A VIEW FROM THE REGULATION (EU) NO. 236/2012. Vniversitas [online]. 2013, n.127, pp.223-242. ISSN 0041-9060.

This article aims at an analysis of the state of the legal question of the feasibility of short sales in the European capital market, in the case of shares and sovereign debt as one of the elements of the Regulation (EU) No. 236/2012.This Regulation constitutes a major legal element in realizing the functionality and efficiency of the European capital market to guarantee a high level of protection for consumers and investors. Its contribution to the development of the market is not only to restrict the operations of short selling, but also derogate from its definition and establish exemptions to the restricting rules to the benefit of the liquidity of the markets of the Union.

Keywords : Short sales; capital market; proportionality; naked short selling; market making; shares and sovereign debt; Labor supply; proportionalitv; Colombia.

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