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European Banking Law

Dates:
  • Thu 17 Jan 2019 13.30 - 18.00
  • Fri 18 Jan 2019 09.00 - 16.15
  Add to Calendar 2019-01-17 13:30 2019-01-18 16:15 Europe/Paris European Banking Law

The seminar builds on a broader introduction into the financial architecture. The focus is, however, on the transactions arranged or facilitated by or exclusively reserved for credit institutions in all questions of provision or transfer of finance and capital or on information and guidance in this field. It is at the same time a seminar on contract law, namely on all areas where regulation heavily influences transactions, and on core issues of contract law because it is in banking contract law that such questions and arrangements as the following ones have first been developed and are developed most abundantly. The most important examples are the binding force of reliance in the pre-contractual phase, disclosure rules (namely the reasons and limits for imposing such duties), fiduciary duties, arrangements on conflicts of interest, networks of contracts, a specific law of professional services (including also rules on the inner organisation of the provider), the intimate interdependence of regulation and contract law proper and also a strongly felt and pervasive impact of economic theory on contract law. Finally, it should not be forgotten that no area of contract law is EU law to the extent banking contract law can be said to be ‘European’. It is all European – laid down in EU regulations or densely spelt out directives with an all-encompassing ambit of application. Thus, these substantive law solutions will be discussed and are paradigmatic for other applications.

Sala del Camino, Villa Salviati DD/MM/YYYY
  Sala del Camino, Villa Salviati

The seminar builds on a broader introduction into the financial architecture. The focus is, however, on the transactions arranged or facilitated by or exclusively reserved for credit institutions in all questions of provision or transfer of finance and capital or on information and guidance in this field. It is at the same time a seminar on contract law, namely on all areas where regulation heavily influences transactions, and on core issues of contract law because it is in banking contract law that such questions and arrangements as the following ones have first been developed and are developed most abundantly. The most important examples are the binding force of reliance in the pre-contractual phase, disclosure rules (namely the reasons and limits for imposing such duties), fiduciary duties, arrangements on conflicts of interest, networks of contracts, a specific law of professional services (including also rules on the inner organisation of the provider), the intimate interdependence of regulation and contract law proper and also a strongly felt and pervasive impact of economic theory on contract law. Finally, it should not be forgotten that no area of contract law is EU law to the extent banking contract law can be said to be ‘European’. It is all European – laid down in EU regulations or densely spelt out directives with an all-encompassing ambit of application. Thus, these substantive law solutions will be discussed and are paradigmatic for other applications.


Location:
Sala del Camino, Villa Salviati

Affiliation:
Department of Law

Type:
Seminar

Organiser:
Prof. Stefan Grundmann (EUI - Law Department)

Contact:
Ana Maria Dicu - Send a mail
 
 

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