Regulating Unfair Banking Practices In Europe

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Regulating Unfair Banking Practices in Europe

Author : Stephen Weatherill
Publisher :
ISBN 13 : 0199594554
Total Pages : 606 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Regulating Unfair Banking Practices in Europe by : Stephen Weatherill

Download or read book Regulating Unfair Banking Practices in Europe written by Stephen Weatherill and published by . This book was released on 2010 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private persons often stand surety for a business debt incurred by family members, friends, or employers. These suretyships are commonly banking guarantees contracted by means of standard terms. Sometimes the guarantor signs the contract while he/she is not aware of the financial risk related to the guarantee. He or she may not even know what a suretyship is. But in other circumstances the guarantor may be well aware of the risk, but may nonetheless assume it because of strong emotional ties which exist between him/her and the main debtor. How, then, (if at all) does the law address the potential for 'unfairness' in such situations? Some systems choose to rely on objective criteria, such as identification of a manifest disproportion between the guaranteed amount and the surety's income and assets, while others are more open to subjective inquiry. The key point is variation. Different jurisdictions in Europe operate different models with different priorities. This book provides a comparative overview of the remedies against unfair obligations of non-professional guarantors available in 22 EU Member States, based on a questionnaire which has been completed by an expert in each particular jurisdiction and covering both legal rules and the economic context of different credit markets and banking practices.

Legal Aspects of the European System of Central Banks

Author : Liber Amicorum
Publisher :
ISBN 13 : 9789291817016
Total Pages : 414 pages
Book Rating : 4.8/5 (17 download)

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Book Synopsis Legal Aspects of the European System of Central Banks by : Liber Amicorum

Download or read book Legal Aspects of the European System of Central Banks written by Liber Amicorum and published by . This book was released on 2005 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.

Property and Trust Law in Lithuania

Author : Andrius Smaliukas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403534834
Total Pages : 372 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Property and Trust Law in Lithuania by : Andrius Smaliukas

Download or read book Property and Trust Law in Lithuania written by Andrius Smaliukas and published by Kluwer Law International B.V.. This book was released on 2021-09-20 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Lithuania deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Unconscionability in European Private Financial Transactions

Author : Mel Kenny
Publisher : Cambridge University Press
ISBN 13 : 1139487965
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Unconscionability in European Private Financial Transactions by : Mel Kenny

Download or read book Unconscionability in European Private Financial Transactions written by Mel Kenny and published by Cambridge University Press. This book was released on 2010-06-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.

The Single Resolution Mechanism

Author : Robby Houben
Publisher :
ISBN 13 : 9789400007789
Total Pages : 0 pages
Book Rating : 4.0/5 (77 download)

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Book Synopsis The Single Resolution Mechanism by : Robby Houben

Download or read book The Single Resolution Mechanism written by Robby Houben and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes stock after a year of application of the SRM and examines the situation from various perspectives: the perspective of the SRB, the NRA, the supervised bank and judicial protection. Special attention is given to the division of power between the RB and the NRA and the impact on the supervised bank, the relationship and links between the SRM and the SSM and the query whether the right balance between national and supranational powers has been struck, also in view of the principle of subsidiarity.

European Financial Regulation

Author : Veerle Colaert
Publisher : Bloomsbury Publishing
ISBN 13 : 1509926461
Total Pages : 384 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Financial Regulation by : Veerle Colaert

Download or read book European Financial Regulation written by Veerle Colaert and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries. As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality. This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.

Credit, Consumers and the Law

Author : Karen Fairweather
Publisher : Taylor & Francis
ISBN 13 : 1317158083
Total Pages : 262 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Credit, Consumers and the Law by : Karen Fairweather

Download or read book Credit, Consumers and the Law written by Karen Fairweather and published by Taylor & Francis. This book was released on 2016-10-14 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer law, particularly consumer credit law, is characterised by increasingly complex regulation in Western economies. Reacting to the Global Financial Crisis, governments in the UK, the EU, Australia, New Zealand and the United States have adopted new laws dealing with consumer credit, responsible lending, consumer guarantees and unfair contracts. Drawing together authors from all of these jurisdictions, this book analyses and evaluates these initiatives, and makes predictions as to their likely success and possible flaws.

Theory and Practice of Harmonisation

Author : Mads Andenas
Publisher : Edward Elgar Publishing
ISBN 13 : 0857933175
Total Pages : 641 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Theory and Practice of Harmonisation by : Mads Andenas

Download or read book Theory and Practice of Harmonisation written by Mads Andenas and published by Edward Elgar Publishing. This book was released on 2012 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.

Human dignity and fundamental rights in South Africa and Ireland

Author : Anne Hughes
Publisher : PULP
ISBN 13 : 1920538216
Total Pages : 659 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Human dignity and fundamental rights in South Africa and Ireland by : Anne Hughes

Download or read book Human dignity and fundamental rights in South Africa and Ireland written by Anne Hughes and published by PULP. This book was released on 2014-04-11 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.

Bankruptcy

Author : Joseph Spooner
Publisher : Cambridge University Press
ISBN 13 : 1107166942
Total Pages : 309 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Bankruptcy by : Joseph Spooner

Download or read book Bankruptcy written by Joseph Spooner and published by Cambridge University Press. This book was released on 2019-04-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.

Contract Law in Lithuania

Author : Laurynas Didžiulis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530669
Total Pages : 657 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in Lithuania by : Laurynas Didžiulis

Download or read book Contract Law in Lithuania written by Laurynas Didžiulis and published by Kluwer Law International B.V.. This book was released on 2023-03-20 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Lithuania covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Financial Services, Financial Crisis and General European Contract Law

Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113526X
Total Pages : 354 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Financial Services, Financial Crisis and General European Contract Law by : Stefan Grundmann

Download or read book Financial Services, Financial Crisis and General European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speculation is rife on the origins of the worldwide financial crisis of 2008, with a preponderance focusing on alleged shortcomings in corporate governance. This book offers a distinct yet complementary perspective: that the most useful path to follow, if we want to understand what happened and forestall its happening again, is through an analysis of contract relationships - specifically, banking contracts entered into in the financial services sector, considered under the rubric of contract law rather than company law. Because banking is the area of European contract law which is most thoroughly developed, banking contracts can be seen as paradigmatic of typical assumptions and shortcomings often examined in the more general debate on contract law. And indeed, the very thoroughness of European banking contract law makes it a promising ground on which to build effective preventive measures. In this book thirteen noted scholars, recognizing that modern contract law must take into account global markets and risks, consider banking contracts within networks and within mass transactions. Always attending to the long-term relationships that characterize financial services contracts, they focus on such cross-sector issues as the following: rule-setting and the question of who should best regulate and at which level; networks of contracts as the backbone of a market economy; the complex interplay between market regulation and traditional contract law; avoiding erroneous assumptions about the future development of prices; the passing on of the risk via securitization; rating relationships affected by conflicts of interests; remuneration problems; core duties of information and advice in an agency relationship in services; fiduciary duties of loyalty and care; types of clients and level of protection; differentiation in information available on various markets; and the question of enforcement.

Corporate Finance for Lawyers

Author : Rolef de Weijs
Publisher : Edward Elgar Publishing
ISBN 13 : 1035302039
Total Pages : 309 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Corporate Finance for Lawyers by : Rolef de Weijs

Download or read book Corporate Finance for Lawyers written by Rolef de Weijs and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Finance for Lawyers explores the intricate relationship between law and corporate finance. Utilising the ‘Financial Mindmap’ throughout, chapters depict financial concepts by using colours and visualisations in a clear and intuitive manner.

Internet Banking and the Law in Europe

Author : Apostolos Ath. Gkoutzinis
Publisher : Cambridge University Press
ISBN 13 : 1139458671
Total Pages : 21 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Internet Banking and the Law in Europe by : Apostolos Ath. Gkoutzinis

Download or read book Internet Banking and the Law in Europe written by Apostolos Ath. Gkoutzinis and published by Cambridge University Press. This book was released on 2006-11-02 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has long sought to create a single financial area across Europe where consumers in one country benefit from financial markets and activities in other countries. With the emergence of the Internet as a platform for the provision of online banking services, the creation of a pan-European market for banking services appeared a realistic proposition. In practice, however, this has not happened. This book asks why and argues that the creation of banking markets via the Internet relies on both available technologies and appropriate laws and regulations. The institutional and legal framework for online banking services in the single European market are examined, as is the level of legal harmonization achieved in the UK, France and Germany under the influence of the EU Directives pertaining to online banking activities.

Principles of Banking Law

Author : Ross Cranston
Publisher : Oxford University Press
ISBN 13 : 0199276080
Total Pages : 633 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Principles of Banking Law by : Ross Cranston

Download or read book Principles of Banking Law written by Ross Cranston and published by Oxford University Press. This book was released on 2018-02-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.

Investigating Diversity in the Banking Sector in Europe

Author : Rym Ayadi
Publisher :
ISBN 13 : 9789461380425
Total Pages : 0 pages
Book Rating : 4.3/5 (84 download)

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Book Synopsis Investigating Diversity in the Banking Sector in Europe by : Rym Ayadi

Download or read book Investigating Diversity in the Banking Sector in Europe written by Rym Ayadi and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A midst stormy waters, financial systems develop and evolve. New institutional forms and instruments are invented and put into use. Some of them turn out to be successful while others disappear: a natural process of creative and dynamic competition argues for diversity. Diversity offers an optimal environment in which new ideas can come to life, existing ideas can evolve and old ideas make a comeback. In the aftermath of the financial crisis, the foundations of several decades of modern and innovative financial systems have suffered serious damage. This has triggered massive state interventions and has led authorities to revamp the regulatory structures and frameworks. While many voices have called for a return to more traditional approaches to banking and finance, no one has argued the merits of diversity. This book investigates the merits of a diverse banking system with a special focus on the performance and role of cooperative banks in seven European countries where they are prominent (Austria, Finland, France, Germany, Italy, the Netherlands and Spain). The theoretical and empirical arguments that are developed in this book tend to support the view that it is economically beneficial to have stakeholder-value banks with a dual bottom-line function, such as cooperative banks. For those who accept this premise, it would suggest that policy-makers should not take or support actions that could jeopardise this valuable element of the financial system in various countries in Europe and of the emerging integrated European financial system. Book jacket.

General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé

Download General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé PDF Online Free

Author : Martin Schauer
Publisher : Springer
ISBN 13 : 940241066X
Total Pages : 625 pages
Book Rating : 4.4/5 (24 download)

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Book Synopsis General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé by : Martin Schauer

Download or read book General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé written by Martin Schauer and published by Springer. This book was released on 2017-06-01 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area.