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A Bank's Duty of Care

A Bank's Duty of Care

Author: Danny Busch; Cees van Dam
Publisher: Hart Publishing
ISBN: 9781509935703

Published In: December 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849468114

List Price: HKD 649.87

HKD 630.37 Save HKD 19.50 (3%)

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Description
Contents

Details

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.

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