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CONTRATTI BANCARI E FINANZIARI

Degree course: 
Academic year when starting the degree: 
2015/2016
Year: 
2
Academic year in which the course will be held: 
2016/2017
Course type: 
Optional subjects
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
40
Detail of lecture’s hours: 
Lesson (40 hours)
Requirements: 

Knowledge of the institutional principles of the Italian civil and commercial law.

Assessment: 
Voto Finale

The purpose of this course is to introduce the students to the basic contractual schemes and to the main juridical issues of banking and financial transactions.

This course deals with the banking and financial contracts regulation, with particular reference to the recent legislation and the relevant courts decisions. Moreover, contractual schemes will be analyzed, on the base of the examined rules and principles. Specifically:

Banking contracts
The banking contracts regulation according to the Italian civil code
The banking contracts regulation according to Italian legislative decree n. 385/93 (Testo Unico Bancario)
Loan agreements
Analysis of the relevant Court decisions
Analysis and discussion on contractual forms

Financial contracts
The service agreement for the financial intermediation activities between state law and Consob regulation (with reference, in particular, to the definition of “financial instruments”)
Derivatives contracts (with reference, in particular, to the qualified intermediary status)
Door to door selling and distance marketing of investment services and activities and financial instrument
Agreements relating to collective portfolio management
Markets’ regulation
Rules concerning the financial intermediaries behavior
Remedies for breach of contract (suit for damages, rescission, invalidity)
Analysis of the relevant Court decisions
Analysis and discussion on contractual forms

Mode of Delivery: No. 40 lectures.

Gitti, Maugeri, Notari, I contratti per l’impresa, vol. II, Banca, mercati, società, Il Mulino, Bologna, 2012, chapters I, III, IV, V, VI, VII, IX, X, XI, XII, XIII, XIV, XV, XVI only.
Materials distributed during the course.
An updated edition of the Italian civil code. Codice civile e leggi collegate, collected by G. De Nova, Zanichelli, last edition, is recommended.

Assessment:
Written examination at the end of the course, both for student attending class and for students who have not attended class. The results of the examination are expressed on thirtieth scale. The minimum mark for passing the examination is 18/30.

Professors

FERRARI CAMILLA

Borrowers