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A Bank's Duty of Care

Editat de Professor Danny Busch, Cees van Dam
en Limba Engleză Hardback – 23 aug 2017
In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.
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Specificații

ISBN-13: 9781849468114
ISBN-10: 1849468117
Pagini: 472
Dimensiuni: 156 x 234 x 31 mm
Greutate: 0.84 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book presents a unique combination of theoretical and practical exploration of the duty of care owed to consumers by banks.

Notă biografică

Danny Busch is Professor of Financial Law and Director of the Institute for Financial Law at the University of Nijmegen, the Netherlands; Visiting Professor at Università degli Studi di Genova; Visiting Professor at Università Cattolica del Sacro Cuore di Milano and Member of the Dutch Banking Disciplinary Committee (Tuchtcommissie Banken).Cees Van Dam is Professor of European Tort Law at Maastricht University; Professor of International Business and Human Rights at the Rotterdam School of Management, Erasmus University; and Visiting Professor at King's College London.

Cuprins

Part I: Introduction1. Introduction Danny Busch and Cees van DamPart II: EU Law2. Conduct-of-Business Rules under MiFID I and II Danny BuschPart III: Civil Law Legal Systems3. Germany Jens-Hinrich Binder4. AustriaJulian Ring and Martin Spitzer5. France Thierry Bonneau6. Italy Filippo Rossi and Marco Garavelli7. Spain Manuel Ángel López Sánchez, Eduardo Valpuesta Gastaminza,Pedro José Bueso Guillén and Jorge Noval Pato8. Netherlands Danny Busch, Cees van Dam and Bart van der WielPart IV: Common Law Legal Systems9. England and Wales Kern Alexander10. Ireland Blanaid Clarke11. United States of America George C Harris, Hannibal Travis and Sabrina LarsonPart V: Comparative Conclusions12. A Bank's Duty of Care: Perspectives from European and Comparative Law Danny Busch and Cees van Dam

Recenzii

Experts in European law can find in the book a great number of cases and situations that came out of different European experiences, especially after the financial crisis. It is very interesting to see how differently they are treated ... The book is ... unique at a European level with regards to its subject-matter. Professors Danny Bush and Cees Van Dam have formed a great editorial team, putting together their great experience in European financial law and comparative law-and their final chapter, which puts together all the national chapters and goes beyond to the bigger picture and MiFID II, is really a pleasure to read.
All in all, this book is a fascinating read and is recommended for generalists and specialists alike. Specialists should look forward, one hopes, to a further edition in due course.