Banks As Financial Advisersa Comparative Study Of English And German Law

Author : Thorsten Schlueter
Publisher : Springer
ISBN 13 : 9789041198280
Total Pages : 0 pages
Book Rating : 4.88/5 ( download)

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Download or read book Banks As Financial Advisers:A Comparative Study of English and German Law written by Thorsten Schlueter and published by Springer. This book was released on 2001-02-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in banking and securities regulation since 1980 have allowed banks to expand their range of financial services far beyond mere lending, an opportunity banks have been eager to grasp. This book investigates whether the law should intervene to enforce responsibility.

Author : Thorsten Schlueter
Publisher : Springer
ISBN 13 : 9789041198280
Total Pages : 226 pages
Book Rating : 4.88/5 ( download)

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Download or read book Banks As Financial Advisers:A Comparative Study of English and German Law written by Thorsten Schlueter and published by Springer. This book was released on 2001-02-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in banking and securities regulation since 1980 have allowed banks to expand their range of financial services far beyond mere lending, an opportunity banks have been eager to grasp. This book investigates whether the law should intervene to enforce responsibility.

Author : Marnix Wallinga
Publisher : Springer Nature
ISBN 13 : 3030540014
Total Pages : 440 pages
Book Rating : 4.12/5 ( download)

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Download or read book EU Investor Protection Regulation and Liability for Investment Losses written by Marnix Wallinga and published by Springer Nature. This book was released on 2020-10-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.

Author : Olha O. Cherednychenko
Publisher : sellier. european law publ.
ISBN 13 : 3866530439
Total Pages : 659 pages
Book Rating : 4.30/5 ( download)

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Download or read book Fundamental Rights, Contract Law and the Protection of the Weaker Party written by Olha O. Cherednychenko and published by sellier. european law publ.. This book was released on 2007 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge : I. The relations between fundamental rights and private law against the background of the public/private divide. -- II. The protection of the weaker party against risky financial transactions by means of fundamental rights. Synthesis and assessment.

Author : Kris Hinterseer
Publisher : Springer
ISBN 13 : 9789041198648
Total Pages : 520 pages
Book Rating : 4.44/5 ( download)

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Download or read book Criminal Finance:The Political Economy of Money Laundering in a Comparative Legal Context written by Kris Hinterseer and published by Springer. This book was released on 2002-05-13 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.

Author : University of Oxford
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.46/5 ( download)

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Download or read book Successful Candidates for the Degrees of D. Phil., M. Litt., M. Sc., and Diploma in Law with Titles of Their Theses written by University of Oxford and published by . This book was released on 1998 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher :
ISBN 13 :
Total Pages : 2740 pages
Book Rating : 4.40/5 ( download)

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Download or read book American Book Publishing Record written by and published by . This book was released on 2001 with total page 2740 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher :
ISBN 13 :
Total Pages : 810 pages
Book Rating : 4.86/5 ( download)

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Download or read book European Legal Book Index written by and published by . This book was released on 2001 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Arthur James Wells
Publisher :
ISBN 13 :
Total Pages : 1864 pages
Book Rating : 4.92/5 ( download)

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Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2001 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Demetra Arsalidou
Publisher : Springer
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.75/5 ( download)

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Download or read book The Impact of Modern Influences on the Traditional Duties of Care, Skill, and Diligence of Company Directors written by Demetra Arsalidou and published by Springer. This book was released on 2001-06-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although all are agreed that current commercial realities dramatically affect the duties owed by directors to their companies, there is as yet no consensus on what, if anything, should be done about it. Some urge reform, or at least modification, while others insist that the traditional standard which may be expressed generally as `such care as is reasonably expected, having regard to the director's knowledge and experience'--has the great merit of flexibility. In an initiative aimed at clearing this impasse, the English and Scottish Law Commissions have proposed a statutory formulation, on the grounds that this would at least bring more certainty and clarity to the applicable standards. This important book delves into the issues surrounding this debate, presenting the arguments for and against a statutory statement, with in-depth analysis of the various degrees of reform that could be brought to bear on the issue. The author approaches the subject in a variety of revealing ways: through a historical survey of standards in the United Kingdom, especially as developed through case law; through a comparative analysis with two civil law jurisdictions (France and Germany) and two other common law jurisdictions (Australia and the United States); through a doctrinal analysis derived from the extensive literature on the subject, especially concerning the relevance of the law of trusts and the tort of negligence; and through an analysis of recent UK legislative developments, particularly Section 214 of the Insolvency Act 1986 and the Company Directors Disqualification Act 1986. Practitioners and academics in company law, as well as thoughtful business people, will appreciate the depth and clarity of this analysis. Its clear-headed elucidation of a contentious issue is sure to move this important matter forward toward a timely and needed formulation, statutory or otherwise.