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MIFID II AND PRIVATE LAW

Linarelli John

Oprawa:
TWARDA

Wydawca:
Bloomsbury Publishing (UK)

ISBN:
9781509925292

393,75 PLN
Wysyłamy w 21 dni

Opis produktu

John Linarelli is Professor of Law at Touro College Jacob D Fuchsberg Law Center in New York.Federico Della Negra is a Legal Counsel at the European Central Bank and obtained his PhD in law at the European University Institute.The first booklength analysis of the impact of the EU conduct of business rules (MiFID II) on national private law in a comparative and institutional perspectiveProvides an original contribution to the traditional debate on the strengths and weaknesses of private and public enforcement of financial regulationEssential reading for a broad range of scholars and practitioners working in the field of financial regulation supervision and litigationFederico Della Negra obtained his PhD in Law at the European University Institute.In the wake of the global financial crisis investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure distribution and product governance rules to strengthen the protection of investors but like MiFID I did not harmonise the civil law consequences for their violation.This book asks whether in spite of the silence of the EU legislators the MiFID II conduct of business rules may produce civil law effects enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms.Building on the case law of the CJEU the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy and what remedies would be compatible with EU law.MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policymakers and legal practitioners working in the field of investor protection regulation and misselling litigation.This is the first booklength conceptual and systematic analysis of the role played by private law and enforcement in EU retail financial regulation. It does so by undertaking a comparative and institutional analysis of the implementation and enforcement of EU conduct of business rules (i.e. MiFID II) across different jurisdictions before and after the global financial crisis.Introduction 1. The Rise of EU Investor Protection Regulation and the Role of Private Law I. Harmonisation in EU Securities Markets: From Liberalisation to Regulation II. The Development of EU Investor Protection Regulation III. Protecting Investors without Private Law: The Reasons for (The Lack of) Private Law Harmonisation IV. Bridging EU Conduct of Business Rules and National Private Law via EU General Principles V. The Interplay between EU Sectoral Regulation and National General Private Law: Towards Hybridisation of National Private Law? VI. Preliminary Conclusion 2. Regulatory Design of MiFID IIs Conduct of Business Rules I. Rationales of Conduct of Business Rules II. The Scope of Conduct of Business Rules III. The Clients

Wymiary: 234 mm 156 mm 560 gr

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