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Allow the choice of CDS either as a form of credit insurance, in which case apply the doctrine of

Insurable Interest

or as a

Contract for Difference

ie an out and out bet.

But not the bastard we have now.

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Wed Nov 19th, 2008 at 01:40:54 PM EST
[ Parent ]
Applying the Insurable Interest doctrine here would seem the most appropriate.  It would seem to simply void a large part of the CDO market.  It would seem that this doctrine would be a natural part of the legal defense of individuals or institutions claiming to have been deceived as to the nature of the transaction.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Nov 20th, 2008 at 03:15:35 PM EST
[ Parent ]

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