Download or read book Le clausole vessatorie nei contratti del mercato finanziario written by Giorgio Lener and published by . This book was released on 2003 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book I contratti del mercato finanziario written by Enrico Gabrielli e Raffaele Lener and published by UTET Giuridica. This book was released on 2011-04-01 with total page 1846 pages. Available in PDF, EPUB and Kindle. Book excerpt: La seconda edizione dell’Opera, in due tomi, offre un approfondimento sul mercato finanziario attraverso un'analisi della materia contrattuale. In particolare, dopo avere affrontato gli aspetti generali, l'attenzione viene catalizzata sui contratti conclusi per internet e via telematica, su quelli di gestione e consulenza e infine su quelli di negoziazione, mediazione e collocamento, offrendo al professionista un valido strumento di approfondimento normativo, dottrinale e giurisprudenziale. Il volume è arricchito da un Cd-rom in formato PDF, che rende possibile: • effettuare una ricerca per indici, partendo dalla schermata iniziale e selezionando uno dei seguenti tasti: – indice sommario. Consente di navigare nei contenuti del volume, partendo dall’indice sommario: cliccando sul titolo di un singolo capitolo o paragrafo, si può accedere immediatamente al testo richiesto (posizionandosi all’inizio del paragrafo selezionato); – indice analitico. Consente di ritrovare un concetto, partendo da un singolo lemma dell’indice analitico: cliccando sul numero di pagina accanto a ogni voce dell’indice analitico, si può arrivare puntualmente alla pagina relativa; • effettuare una ricerca full-text, utilizzando le apposite funzioni di Adobe Acrobat (con la funzione “trova”) e inserendo le parole o gli estremi da ricercare; • scorrere tutto il volume, pagina per pagina; • stampare i paragrafi visualizzati partendo dalla ricerca effettuata tramite l’indice sommario. Per ragioni di tutela del copyright, è consentita la stampa soltanto paragrafo per paragrafo e compare su ogni pagina stampata di default il copyright dell’Editore. PIANO DELL’OPERA TOMO PRIMO MERCATI, STRUMENTI FINANZIARI E CONTRATTI DI INVESTIMENTO DOPO LA MIFID LA PRIVATIZZAZIONE DEI MERCATI FINANZIARI VALORI MOBILIARI E STRUMENTI FINANZIARI SERVIZI E CONTRATTI DI INVESTIMENTO REGOLE DI CONDOTTA E RAPPORTI CON LA CLIENTELA TUTELA GIURISDIZIONALE DEI CONTRATTI DEL MERCATO FINANZIARIO LE CLAUSOLE VESSATORIE NEI CONTRATTI DEL MERCATO FINANZIARIO “SERVIZIO” E “CONTRATTO” NEL RAPPORTO FRA INTERMEDIARIO E CLIENTE L’INFORMAZIONE NELLA PRESTAZIONE DEI SERVIZI D’INVESTIMENTO: GLI OBBLIGHI DEGLI INTERMEDIARI LE REGOLE DI CONDOTTA DEGLI INTERMEDIARI FINANZIARI LE VALUTAZIONI DI ADEGUATEZZA E DI APPROPRIATEZZA NEI RAPPORTI CONTRATTUALI FRA INTERMEDIARIO E CLIENTE CONFLITTI DI INTERESSE FRA INTERMEDIARIO E CLIENTE L’ONERE DELLA PROVA NEI GIUDIZI DI RISARCIMENTO DANNI NELLA PRESTAZIONE DEI SERVIZI DI INVESTIMENTO LA TRASPARENZA DELLE CONDIZIONI CONTRATTUALI NELLE OPERAZIONI DI CREDITO AI CONSUMATORI I PATRIMONI DISTINTI NEL DIRITTO DEL MERCATO FINANZIARIO I NUOVI STRUMENTI STRAGIUDIZIALI DI SOLUZIONE DELLE CONTROVERSIE IN MATERIA BANCARIA E FINANZIARIA INTERNET E MERCATI TELEMATICI LA DISCIPLINA DEI SISTEMI MULTILATERALI DI NEGOZIAZIONE LE BORSE MERCI CONTRATTI CONCLUSI SUL SISTEMA TELEMATICO DI BORSA LA COMMERCIALIZZAZIONE VIA INTERNET DI SERVIZI DI INVESTIMENTO E STRUMENTI FINANZIARI E IL TRADING ON LINE LA FIRMA ELETTRONICA NEI CONTRATTI DEL MERCATO FINANZIARIO GESTIONE E CONSULENZA CONTRATTO DI GESTIONE DI PORTAFOGLI L’ESERCIZIO DEL VOTO CON GLI STRUMENTI FINANZIARI GESTITI I FONDI SPECULATIVI I FONDI RISERVATI I FONDI PENSIONE TUTELA DELLA SFERA PRIVATA E SOLLECITAZIONE DELLE DELEGHE DI VOTO IL CONTRATTO DI PRIME BROKERAGE MALA GESTIO E PROFILI DI RESPONSABILITA` DEL GESTORE PATRIMONIALE LA GESTIONE INFEDELE DI PORTAFOGLI DOPO IL RECEPIMENTO DELLA DIRETTIVA MIFID IL CONTRATTO DI CONSULENZA FINANZIARIA CONTRATTI PARASOCIALI E TRUST NEL MERCATO FINANZIARIO TOMO SECONDO NEGOZIAZIONE, MEDIAZIONE E COLLOCAMENTO CONTRATTI DI NEGOZIAZIONE E “NEGOZIAZIONE D’ORDINI” IL CONTRATTO DI “COLLOCAMENTO” FUORI SEDE DI STRUMENTI FINANZIARI E DI SERVIZI DI INVESTIMENTO L’OFFERTA FUORI SEDE: ASSETTI ISTITUZIONALI E DI CONTROLLO MERCATO ASSICURATIVO: CONTRATTO, IMPRESA, CONTROLLI COLLOCAMENTO DI STRUMENTI FINANZIARI IN PERIODO DI GREY MARKET L’ART. 100 BIS T.U.F. SULLA CIRCOLAZIONE DEI PRODOTTI FINANZIARI LA BEST EXECUTION I CONTRATTI DI PRONTI CONTRO TERMINE CONTRATTI DI SWAP TOTAL RETURN EQUITY SWAP I CONTRATTI FINANZIARI DEL TRADING NEI MERCATI ENERGETICI FINANZIAMENTI E GARANZIE CARTOLARIZZAZIONE: RIFLESSIONI CRITICHE E CRISI FINANZIARIA LA CARTOLARIZZAZIONE DEI CREDITI CONTRATTI DI LEASING CONTRATTI DI FACTORING LE GARANZIE FINANZIARIE. PROFILI GENERALI
Download or read book Forma di protezione e nullit selettiva nei contratti del mercato finanziario e Book written by ROBUSTELLA CARMELA and published by G Giappichelli Editore. This book was released on 2020-07-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Control of Price Related Terms in Standard Form Contracts written by Yeşim M. Atamer and published by Springer Nature. This book was released on 2019-11-19 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).
Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Download or read book Appointing Judges in an Age of Judicial Power written by Peter H. Russell and published by University of Toronto Press. This book was released on 2006-01-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Download or read book Constitutionalism and Rights written by Louis Henkin and published by Columbia University Press. This book was released on 1990 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.
Download or read book General Principles of Law The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Download or read book Juridification of Social Spheres written by Gunther Teubner and published by Walter de Gruyter. This book was released on 2012-12-17 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to Middle Eastern Law written by Chibli Mallat and published by OUP Oxford. This book was released on 2007-07-12 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
Download or read book Constitutional Review and Legislation written by Christine Landfried and published by Nomos Verlagsgesellschaft. This book was released on 1988 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Independent Administrative Authorities written by Roberto Caranta and published by British Institute for International & Comparative Law. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independent administrative authorities have become a permanent feature of the institutional landscape over past decades. The need for institutions with both impartiality and technical expertise has led to an increase in number and scope of independent administrative authorities. Independent administrative authorities regulate stock markets and financial institutions; they protect fundamental rights such as access to administrative documents. There is however a conflict between independence and accountability. In some ways, independent administrative authorities are at odds with the traditional notion of separation of powers which still lies at the heart of constitutional thinking. This book aims to shed light on how different legal jurisdictions have articulated their answers to this tension, at the same time discussing how separation of power has been twisted or reworked to make room for this novel form of public authority.
Download or read book Towards a Chinese Civil Code written by Lei Chen and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Download or read book The Ecology of Law written by Fritjof Capra and published by Berrett-Koehler Publishers. This book was released on 2015-10-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
Download or read book Handbook of Antitrust Economics written by Paolo Buccirossi and published by . This book was released on 2008-03-21 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts examine the application of economic theory to antitrust issues in both the United States and Europe, discussing mergers, agreements, abuses of dominance, and the impact of market features. Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term “antitrust law” and the European “competition law” interchangeably, emphasizing the commonalities between the two jurisdictions.) After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance (or unilateral conducts), and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to “bidding markets,” network industries, and two-sided markets. Contributors Mark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. Werden
