Financial Regulation And Civil Liability In European Law
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Financial Regulation And Civil Liability In European Law
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Author : Olha O. Cherednychenko
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-10
Financial Regulation And Civil Liability In European Law written by Olha O. Cherednychenko and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-10 with categories.
This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted. Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top- and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law. Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.
Eu Investor Protection Regulation And Liability For Investment Losses
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Author : Marnix Wallinga
language : en
Publisher: Springer Nature
Release Date : 2020-10-30
Eu Investor Protection Regulation And Liability For Investment Losses written by Marnix Wallinga and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
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.
Financial Regulation And Civil Liability In European Law
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Author : Olha O. Cherednychenko
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Financial Regulation And Civil Liability In European Law written by Olha O. Cherednychenko and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.
Liability Of Financial Supervisors And Resolution Authorities
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Author : Danny Busch
language : en
Publisher: Oxford University Press, USA
Release Date : 2022-06-17
Liability Of Financial Supervisors And Resolution Authorities written by Danny Busch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-17 with categories.
This is the first book to focus on the liability regimes which apply to financial supervisors and resolution authorities at the EU level, at the level of major individual EU Member States, and in major jurisdictions worldwide.
Research Handbook On Eu Tort Law
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Author : Paula Giliker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-10-27
Research Handbook On Eu Tort Law written by Paula Giliker and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-27 with categories.
The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
Prospectus Regulation And Prospectus Liability
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Author : Danny Busch
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-01-22
Prospectus Regulation And Prospectus Liability written by Danny Busch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-22 with Law categories.
This new work provides integrated analysis of and guidance on the Prospectus Regulation 2017, civil liability for a misleading prospectus, and securities litigation in a European context. The prospectus rules are one of the cornerstones of the EU Capital Markets Union and analysis of this aspect of harmonisation, the areas not covered by the rules, and the impact of Brexit, provides valuable reference for all advising and researching this field. The first section serves as an introduction to the volume with relevant context. Part two discusses the subjects of Prospectus Regulation from both a legal and economic perspective. Each chapter within part two focuses on a key subject of the new Prospectus Regulation, providing an in-depth analysis of each issue. Part III of the work explains the domestic law on liability for a misleading prospectus, this issue being omitted from the Regulation. The law and practice in each of the key capital markets centres in Europe is analysed and compared, with the UK chapter covering the issues and possible solutions under Brexit. In the chapter on securities litigation there is full consideration of conflicts of laws issues with reference to the Brussels I regulation, and the Rome I and II Regulations. The fifth and final section looks to the future of disclosure practices in connection with securities offerings in the EU. The editors evaluate their key findings in a succinct summary to inform and enlighten the reader.
The Governance Of Credit Rating Agencies
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Author : Andrea Miglionico
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
The Governance Of Credit Rating Agencies written by Andrea Miglionico and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with LAW categories.
The global crisis revealed that credit rating agencies (CRAs) are capable of bringing about potential distortions in the financial sector, thereby resulting in a reduction in market confidence which, in turn, influences negotiations and expectations. CRAs need to be held accountable for lack of transparency and inaccurate ratings, however the existing regulatory framework does not secure adequate investor protection. This book provides a new and important contribution to research in the area, at a crucial time in the debate around financial regulation and investment regimes.
Distribution Of Insurance Based Investment Products
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Author : Pierpaolo Marano
language : en
Publisher: Springer
Release Date : 2019-04-28
Distribution Of Insurance Based Investment Products written by Pierpaolo Marano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-28 with Law categories.
The book addresses a topic at the intersection of two heavily regulated sectors: insurance and investment services. Until recently, scholars and professionals have approached insurance and investment services as two separate categories in the financial services sector, and as being governed by separate regulatory frameworks. In practice, however, the boundaries were and are blurred, a reality that regulators have begun to recognize and address in their more recent regulatory texts. The first part of the book approaches the new standards applicable to investment products based on insurance: insurance-based investment products (IBIPs). These rules are harmonized across the EU. The rationale behind this new definition is provided, together with a description of these products’ limitations. The analysis addresses the new rules and explores the legal regime and relevant standards applicable to IBIPs. The organizational rules concerning the design and distribution of IBIPs are also examined, and the book highlights e.g. how these rules are inspired by the principles of conduct. In closing, the ADR systems are analysed, in order to ascertain whether or not they can offer an effective tool for settling disputes over these products. In turn, the second part focuses on the liability for distribution of IBIPs, which ranks as one of the most conspicuous and relatively new legal phenomena, but at the same time, represents an exceptionally important field of civil liability in today’s world. Liability is still regulated at the national level. Thus, the four largest life insurance markets in the EU are considered, along with the largest emerging market for life insurance. The chapters on national laws also consider whether, and if so, how the new harmonized rules on IBIPs are being combined with those already in force in the jurisdictions considered. The goal is to determine whether the new rules are likely to change the doctrine and case law approach to these products, or whether the European legislators’ choices have no real impact on the protection of clients.
Civil Liability In Europe For Terrorism Related Risk
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Author : Lucas Bergkamp
language : en
Publisher: Cambridge University Press
Release Date : 2015-11-12
Civil Liability In Europe For Terrorism Related Risk written by Lucas Bergkamp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-12 with Law categories.
Comprehensive and forward-looking analysis of civil liability for terrorism-related risk under international, EU and selected national tort laws.
Credit Rating Agency Liability In Europe Volume 344
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Author : VERHEIJ
language : en
Publisher:
Release Date : 2020-11-05
Credit Rating Agency Liability In Europe Volume 344 written by VERHEIJ and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-05 with Credit categories.
The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answering this question, the book takes a broader European approach and also rates the usefulness of Article 35a CRA Regulation as a European template for civil liability to be used by the Union legislature.