Financial Services Contracts in EU Law

NOTE EDITORE

In the wake of the 2008 Global Financial Crisis, misconduct and unfair contract terms in financial services contracts triggered a wave of litigation before national courts. Litigation did not remain a national law issue but soon became an EU law issue. National courts sought, through the preliminary reference procedure, the Court of Justice of the European Union (CJEU)'s guidance to interpret EU financial services legislation and determine the scope of consumers' rights and private law remedies vis-à-vis financial service providers (FSPs). The high number of CJEU's rulings have significantly innovated numerous EU and national private law rules on financial services contracts. The CJEU has often expanded consumers' private law remedies, based on general principles of EU law, beyond the letter of the law, thus 'creating' new private law principles for these contracts. This book provides the first comprehensive and systematic analysis of the rapidly evolving and complex CJEU case law on retail credit, payment, and investment services contracts. It extensively discusses the rationales of the CJEU's judgments and gives guidance on the role of general principles of EU law in the CJEU's reasoning. This volume identifies emerging principles of private law which should apply across credit, payment, and investment services contracts. Building on this analysis, the work provides an assessment of the significant legal and policy implications of the CJEU case law on national and EU private law.

SOMMARIO

1 - The Regulation of Financial Services Contracts in EU Law2 - The Enforcement of Financial Services Contracts in EU Law3 - Unfair Contract Terms in Financial Services Contracts4 - Consumer and Mortgage Loan Contracts5 - Payment Services Contracts6 - Investment Services Contracts7 - The EU General Principles for the Interpretation of Financial Services Contracts8 - The CJEU Private Law Principles on Financial Services Contracts9 - Concluding Remarks

AUTORE

Federico Della Negra is a Senior Legal Counsel in a leading central bank. He holds an LL.M and Ph.D in Law from the European University Institute (Florence), and is a member of the Associate Researcher Group of the European Banking Institute (Frankfurt am Main). He achieved his Bachelors and Master's in law from the University of Pisa and University Sant'Anna School of Advanced Studies of Pisa.

ALTRE INFORMAZIONI

• Condizione: Nuovo
• ISBN: 9780192866608
• Dimensioni: 253 x 250.0 x 175 mm Ø 816 gr
• Formato: Copertina rigida
• Pagine Arabe: 384