Learning objectives
Module II is dedicated to “Contractual arrangements” in financial market law and sets out to illustrate the system of private European Community economic law and the corresponding regulation of internal legislation, with a specific examination of topics relating to markets for banking, financial and insurance products. The course is thus divided into two parts. The first will deal with subjects regarding the European Community economic constitution – with particular emphasis of consumer protection and the freedom of choice within the internal market granted to consumers, and the system of legislation governing party autonomy and information. The second will analyse regulation of internal legislation directed towards consumer information, starting from consumer law. It will illustrate in detail legislation relating to unfair trading practices, unfair clauses in consumer contracts, transparency in consumer contracts, contracts regarding distance marketing of financial services, banking and financial markets.
Prerequisites
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Course unit content
Part 1 – The European Community system. ― The European Economic Constitution. ― The system of competition. Consumers’ freedom of choice. ― The European Community system of information regulations. ― Party autonomy and information regulations in secondary legislation. Part 2 – The internal system. ― Party autonomy and consumer protection. ― Legislation governing unfair trading practices. ― Legislation governing unfair clauses in consumer contracts. ― Legislation governing transparency in consumer contracts. ― Distance marketing of consumer financial services. ― Banking contracts. ― Financial market contracts.
Full programme
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Bibliography
L. Di Nella (edited by), La tutela del consumatore dei servizi finanziari, Napoli, 2007, pp. 193-279; L. Di Nella, Diritto dei mercati finanziari, contractual arrangements, handout. Lesson outlines are available on the teacher’s web page on the faculty’s website.
Teaching methods
The course is structured in 30 theoretical and practical lessons with exercises. Final assessment is through a written exam (consisting of three open-ended questions pre-printed on an A4 sheet to be answered in one hour), with an additional oral exam upon request to be taken on a specially set date.
Assessment methods and criteria
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Other information
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