A Bank's Duty of Care

Banking / Finance

A Bank's Duty of Care

Edited by Danny Busch · Cees van Dam
Hart Publishing December 2019

Specifications

ISBN-13
9781509935703
Publisher
Hart Publishing
Publication
December 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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.

Table of Contents

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
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