A Bank's Duty of Care

ISBN-13: 9781509935703 / Angielski / Miękka / 2019 / 472 str.

Danny Busch;Cees van Dam

Opis

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.

Spis treści

Part I: Introduction 1. Introduction Danny Busch and Cees van Dam Part II: EU Law 2. Conduct-of-Business Rules under MiFID I and II Danny Busch Part III: Civil Law Legal Systems 3. Germany Jens-Hinrich Binder 4. Austria Julian Ring and Martin Spitzer 5. France Thierry Bonneau 6. Italy Filippo Rossi and Marco Garavelli 7. Spain Manuel Ángel López Sánchez, Eduardo Valpuesta Gastaminza,Pedro José Bueso Guillén and Jorge Noval Pato 8. Netherlands Danny Busch, Cees van Dam and Bart van der Wiel Part IV: Common Law Legal Systems 9. England and Wales Kern Alexander 10. Ireland Blanaid Clarke 11. United States of America George C Harris, Hannibal Travis and Sabrina Larson Part V: Comparative Conclusions 12. A Bank’s Duty of Care: Perspectives from European and Comparative Law Danny Busch and Cees van Dam