Legal regulation of trading financial derivatives in the stock market - a comparative study -

The operations of trading in the stock market are no longer limited to trading traditional securities. Rather, the need for financing, achieving profits, and making financial and in-kind assets free from investment risks, this matter made more vulnerable to development; As a result, innovative products appeared in response to the need of investors, and among these products are financial derivative contracts, and the idea of these contracts is that their value depends on the value of the assets from which they are derived.This study aims to clarify the legal regulation of financial derivative contracts with the help of presenting the positions of the legislations that regulated these contracts in light of the absence of legal regulation in the Iraqi legislation. For this reason, we divided this study into two sections. In the first topic, we dealt with the legal scope of financial derivative contracts, and the second topic explained the legal provisions for financial derivative contracts in terms of the legal nature and mechanism of implementation.As we reached several conclusions, the most important of which is that financial derivative contracts have their own legal nature, and cannot fall under one of the well-known laws, and the implementation of financial derivative contracts is characterized by a different mechanism. As the implementation of the contract may result in either the contract being settled definitively, or it may be settled by concluding an opposite deal. Consequently, controlling financial derivative contracts must be regulated by legislation;