BANKING LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2016/2017
- Teacher
- FRANCESCO CAPUTO NASSETTI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/05
Training objectives
- Main knowledge: The course aims to illustrate the complex regulations governing the life of the bank as a going concern, both in relation to the publicistic aspects of the matter, which regards the part of private persons. In particular, we want to focus on the process of evolution of the banking and financial sector regulation, the regulation of the bank's customer relations and on major typical and atypical contracts used in the specific sector. As part of the training will then highlight the forms of protection of the saver-investor in the performance of financial services, as well as identified the reasons of certain significant financial events have occurred in recent years. The training program will also draw on the support of insights and practical examples, aimed at analyzing technical, judicial support and to discuss about issues most topical.
Main skills acquired: Knowledge of the implementation procedure of the banking law will be acquired through the analysis of case studies and typical acts of the banking world. Students will gain thereby the ability to recognize the activities of corporate management and banking supervision worldwide. All it accompanied by jurisprudential material that will be provided in class. Students will then also be able to refer to the case law databases, in addition to those regulations, particularly with regard to regulatory material that characterizes the context of banking. In this regard, it will be acquired specific skills in finding the sources of the supervisory authorities, especially the Bank of Italy, Consob and the ICRC. Prerequisites
- Students must possess a knowledge of the fundamental institutions of private law, in particular of private law governing property relationships (obligations and contracts), the system of sources of Italian law and the Constitution, as well as commercial law. And 'it recommended a knowledge of the principles of bankruptcy law. It 'also advisable to combine their studies of banking contracts.
Course programme
- The course is divided into two parts. One part is dedicated to the study and publicistic aspects of the Banking Law. The second dedicated to those exquisitely private law and in particular the main contract case used in the practice of business and business environment. In more detail:
Public part:
1. The sources of the banking and financial law
2. The exercise of banking
3. 'financial activities
4. Supervisors
5. The various types of banks
6. The bank crisis
7. The rules governing the securities market
Privatistic part:
1. The regulation of relations with the customer
2. Movement of receivables, securitization, factoring and forfaiting
3. bank collection contracts (bonds, certificates of deposit, bank deposits, subordinated loans and / or perpetual ...)
4. Credit bank contracts (loan, credit facility, banking anticipation, discount, landfill, repo, securities lending, mortgage credit, agricultural credit, ...)
5. Project financing and customary exceptions to the rules of civil law of the contract
6. Active guarantees (financial guarantee contracts, surety, lien, revolving pledge, letters of patronage, keepwell agreement ....) And liabilities (performance bonds, bid bonds, advance payment bonds ....)
7. Documentary credits
8. Derivative Financial Instruments
9. Debt securities
10. Investment services Didactic methods
- The course aims to stimulate as much as possible the student's involvement in the discussion of practical cases, the theoretical issues and insights that will be discussed during class. For this reason the course is not a mere explanation of the manual recommended because it aims to expand on aspects of banking. The notes taken in class and the material distributed shall supplement the concepts in the exposition.
The method used in the lessons requires reading / chapters - that will be shown from time to time lecturer - by the student prior to the respective lesson. Learning assessment procedures
- The exam with oral test. The examination is intended to ensure the full and in-depth knowledge in the banking legislation.
And '' necessary, for the purposes of examination, the knowledge of the Banking Act (d. Lgs. 1 September 1993, n. 385 and subsequent amendments and additions), which is included, too in the most common code issues civil (it is recommended to use the latest editions, as the banking Law is frequently changed) or at www.bancaditalia.it where it is constantly updated. And '' useful to explore the topics by reading the supervisory instructions for banks (available on the website of the Bank of 'Italy www.bancaditalia.it).
Topics covered in the private-Part are not attributable to a single manual on the market. They will provide during the course guidance and educational materials to complement the manual recommended above. Reference texts
- PAOLO BONTEMPI, Diritto bancario e finanziario, ultima edizione, Giuffrè
For the exam you need to consult the latest edition of the Manual reported.
During the course it will be made available to students at the slides used for the lectures.
Any detailed text will be reported by the teacher at the specific request of the students concerned.
