Research Catalog

Title

MiFID II and private law : enforcing EU conduct of business rules / Federico Della Negra.

Author

Della Negra, Federico

Publication

• Oxford, UK : Hart Publishing, 2019.
• ©2019

Items in the Library & Off-site

Details

Description

xlii, 243 pages; 25 cm.

Summary

"In the wake of the global financial crisis, retail clients have filed numerous claims against banks and investment firms for breaches of conduct of business rules in the distribution of financial instruments. Significantly, MiFID II raises key issues on the interplay between conduct of business rules and national private law. Building on the case law of national courts, decisions of alternative dispute resolution mechanisms in Italy, Spain, France and the UK, and the most recent literature, this monograph shows how the new MiFID II conduct of business rules can influence the interpretation of national private law, giving rise to hybrid private law duties and remedies. More specifically, the book illustrates the different forms and implications of this emerging, hybrid form of private law and argues that it will effectively supplement the actions of EU and national supervisory authorities aimed at ensuring the deterrent effect of conduct of business rules; furthermore, it will strengthen the protection of unsophisticated retail clients and investors' confidence in financial markets. The book brings an essential contribution to academic research and will also be of interest to policy-makers and legal practitioners working on financial litigation"--

Series Statement

Hart studies in commercial and financial law ; volume 2

Uniform Title

Hart studies in commercial and financial law ; v.2.

Subject

• European Parliament
• Europäische Union
• Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (European Parliament)
• Financial institutions > Law and legislation > European Union countries
• Actions and defenses > European Union countries
• LAW / Banking
• Actions and defenses
• Financial institutions > Law and legislation
• Rechtsschutz
• Anlegerschutz
• European Union countries

Bibliography (note)

• Includes bibliographical references (pages 223-230) and index.

Contents

The rise of EU investor protection regulation and the role of private law -- Regulatory design of MiFID II's conduct of business rules -- Civil law effects of ESMA's 'Conduct of Business Handbook' -- Civil law effects of conduct of business rules in out-of-court proceedings -- Civil law effects of conduct of business rules before national courts -- The emergence of hybrid private law in retail financial markets: foundations and legitimacy -- Hybrid enforcement mechanisms: future perspectives -- General conclusions.

ISBN

• 9781509925292
• 1509925295
• 9781509925315 (ePub ebook) (canceled/invalid)
• 9781509925308 (PDF ebook) (canceled/invalid)

LCCN

2019001687

OCLC

• on1083182611
• 1083182611
• SCSB-9454752

Owning Institutions

Princeton University Library