Download or read book Banks As Financial Advisers A Comparative Study of English and German Law written by Thorsten Schlueter and published by Springer. This book was released on 2001-02-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in banking and securities regulation since 1980 have allowed banks to expand their range of financial services far beyond mere lending, an opportunity banks have been eager to grasp. This book investigates whether the law should intervene to enforce responsibility.
Download or read book Banks As Financial Advisers A Comparative Study of English and German Law written by Thorsten Schlueter and published by Springer. This book was released on 2001-02-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in banking and securities regulation since 1980 have allowed banks to expand their range of financial services far beyond mere lending, an opportunity banks have been eager to grasp. This book investigates whether the law should intervene to enforce responsibility.
Download or read book EU Investor Protection Regulation and Liability for Investment Losses written by Marnix Wallinga and published by Springer Nature. This book was released on 2020-10-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fundamental Rights Contract Law and the Protection of the Weaker Party written by Olha O. Cherednychenko and published by sellier. european law publ.. This book was released on 2007 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge : I. The relations between fundamental rights and private law against the background of the public/private divide. -- II. The protection of the weaker party against risky financial transactions by means of fundamental rights. Synthesis and assessment.
Download or read book Criminal Finance The Political Economy of Money Laundering in a Comparative Legal Context written by Kris Hinterseer and published by Springer. This book was released on 2002-05-13 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.
Download or read book American Book Publishing Record written by and published by . This book was released on 2001 with total page 2740 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Successful Candidates for the Degrees of D Phil M Litt M Sc and Diploma in Law with Titles of Their Theses written by University of Oxford and published by . This book was released on 1998 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2009 with total page 1922 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Legal Book Index written by and published by . This book was released on 2001 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of Modern Influences on the Traditional Duties of Care Skill and Diligence of Company Directors written by Demetra Arsalidou and published by Springer. This book was released on 2001-06-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although all are agreed that current commercial realities dramatically affect the duties owed by directors to their companies, there is as yet no consensus on what, if anything, should be done about it. Some urge reform, or at least modification, while others insist that the traditional standard which may be expressed generally as `such care as is reasonably expected, having regard to the director's knowledge and experience'--has the great merit of flexibility. In an initiative aimed at clearing this impasse, the English and Scottish Law Commissions have proposed a statutory formulation, on the grounds that this would at least bring more certainty and clarity to the applicable standards. This important book delves into the issues surrounding this debate, presenting the arguments for and against a statutory statement, with in-depth analysis of the various degrees of reform that could be brought to bear on the issue. The author approaches the subject in a variety of revealing ways: through a historical survey of standards in the United Kingdom, especially as developed through case law; through a comparative analysis with two civil law jurisdictions (France and Germany) and two other common law jurisdictions (Australia and the United States); through a doctrinal analysis derived from the extensive literature on the subject, especially concerning the relevance of the law of trusts and the tort of negligence; and through an analysis of recent UK legislative developments, particularly Section 214 of the Insolvency Act 1986 and the Company Directors Disqualification Act 1986. Practitioners and academics in company law, as well as thoughtful business people, will appreciate the depth and clarity of this analysis. Its clear-headed elucidation of a contentious issue is sure to move this important matter forward toward a timely and needed formulation, statutory or otherwise.
Download or read book Corporate Liability A Study in Principles of Attribution written by Cheong-Ann Png and published by Springer. This book was released on 2001-08-03 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: When infringement or wrongdoing is alleged against a corporation, where are we to look for the imputed reprehensible conduct or knowledge on which the case must depend? This is a question that is asked and asked again as each expansion and intensification of corporate activity gives rise to ever more complex issues of accountability and responsibility. This major new theoretical study builds on classic and recent work in the field to provide a systematic and coherent analysis of corporate liability in its current context. Focusing on rules of attribution developed in a notable series of English cases, the author explains in detail the various ways in which these rules may be applied in civil, criminal, and regulatory proceedings against corporate defendants. The book exposes the circumstances in which corporations, as legal persons, may incur personal liability for the acts or omissions of their servants or agents that were carried out in the course of their employment, defining the means through which corporate liability must be determined. It focuses on the personal liability of corporations, incorporating common law principles of vicarious liability and agency as well as exceptions arising from the Companies Act 1985 and other legislation. The study covers such important areas as the following: the 'problem of many hands,' in which individual servants or agents may be aware of only a portion of a corporate transaction or undertaking the traditional 'directing mind' theory as one of the means of identifying the relevant individuals whose conduct or state of knowledge may result in corporate liability the development of 'principles of attribution' as a framework for approaching different situations where liability may be established against corporations a new concept of 'aggregation' which allows, under particular circumstances, the collective knowledge of various individuals to be attributed to the corporation the relevance of 'Chinese Walls' in limiting the extent to which principles of attribution apply a comprehensive survey of the different circumstances in which corporations, including holding corporations in corporate groups, and their servants and agents may incur liability. Corporate Liability: A Study in Principles of Attribution is far more than a mere legal device for practical purposes. It is in every way a groundbreaking work in the field, of absorbing interest to scholars, jurists, and lawyers alike.
Download or read book British National Bibliography for Report Literature written by and published by . This book was released on 1999-07 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Awqaf led Islamic Social Finance written by Mohd Ma'Sum Billah and published by Routledge. This book was released on 2020-09-14 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative and comprehensive overview of Waqf (endowment), addressing specific issues, models, solutions, structures and practices. As Islamic finance has gained in significance, so too has the institution of Waqf, working towards creating an enterprising and an entrepreneurial community across the globe, in order to meet the underlying objectives of the sustainable development goals (SDGs) by targeting the low-income group in particular. The book analyses the historical context of Waqf as well as its revival in the digital era. It addresses the laws and policies affecting the management of Waqf, such as Maqasid al-Shari’ah, law and policies, law and fiscal reform, regulations applied within Muslim countries, judicial procedures and dispute resolutions and covers the core issues concerning the formalities of Waqf, its management and corporate governance questions. The book includes a series of specialised chapters focusing on the products and services of Waqf, covering product innovation, product development, and then assesses the risk factors in Waqf and Waqf Takaful. Finally, it focuses on the challenges of Waqf and offers recommendations for the way forward. A timely and practical guide, comprising a literature review and future research directions, as well as a number of international case studies, this will be a key reference for academics, students, researchers, practitioners and policy makers.
Download or read book Index to Theses with Abstracts Accepted for Higher Degrees by the Universities of Great Britain and Ireland and the Council for National Academic Awards written by and published by . This book was released on 2008 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theses on any subject submitted by the academic libraries in the UK and Ireland.
Download or read book Aanwinsten van de Centrale Bibliotheek Queteletfonds written by Bibliothèque centrale (Fonds Quetelet) and published by . This book was released on 2001 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consumer Debt and Social Exclusion in Europe written by Hans-W. Micklitz and published by Routledge. This book was released on 2016-03-09 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Download or read book Systemic Risk in the Financial Sector written by Douglas W. Arner and published by McGill-Queen's Press - MQUP. This book was released on 2019-10-02 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In late 2008, the world's financial system was teetering on the brink of systemic collapse. While the impacts of the global financial crisis would be felt immediately, at every level of the economy, it would also send years-long aftershocks through investment, banking and regulatory circles worldwide. More than a decade after the worst year of the global financial crisis, what has been learned from its harsh lessons? Are governments and regulators more prepared for another financial system failure that would significantly affect the real economy? What may be the potential triggers for such a collapse to occur in the future? Systemic Risk in the Financial Sector: Ten Years after the Great Crash draws on some of the world's leading experts on financial stability and regulation to examine and critique the progress made since 2008 in addressing systemic risk. The book covers topics such as central banks and macroprudential policies; fintech; regulators' perspectives from the United States and the European Union; the logistical and incentive challenges that impede standardization and collection; clearing houses and systemic risk; optimal resolution and bail-in tools; and bank leverage, welfare and regulation. Drawing on experts across disciplines — including Howell Jackson, John Geanakoplos, Charles Goodhart, Anat Admati, Roberta Romano and Martin Hellwig — Systemic Risk in the Financial Sector is the definitive guide to understanding the global financial crisis, the safeguards being put into place to try to avoid similar crises in the future, and the limitations of those safeguards.
