BANKING AND FINANCIAL CONTRACT LAW

Degree course: 
Corso di Second cycle degree in ECONOMICS, FINANCE AND BUSINESS LAW
Academic year when starting the degree: 
2023/2024
Year: 
1
Academic year in which the course will be held: 
2023/2024
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
40
Detail of lecture’s hours: 
Lesson (40 hours)
Requirements: 

No special prerequisites are required. In any case, prior knowledge of the general rules of contract law is recommended.

Final Examination: 
Orale

The examination will be carried out only in written form. The written task will include two open-ended questions. The first question will be about a topic related to banking contracts; the second one will be about a topic related to financial contracts. The questions may include: the description of the general rules relating to a given contract or a given contractual aspect, the analysis of specific issues relating to a given contract or a given contractual aspect, the solution to a given case. The test will take approximately one hour. The criteria by which the verification of the acquired knowledge and skills will be carried out are: the accuracy and completeness of the content of the answers; the exact identification and qualification of the legal institutions involved; the critical ability to link and process the acquired knowledge; the ability to identify the applicable remedies; the ability to relate the topic to concrete examples; the ownership in the use of technical-legal language. Only students regularly enrolled in the appeal will be admitted to take the exam.

The result will be in thirtieth. The test will be considered passed with a score of at least 18/30. Praise will be awarded for a correct and complete answer, characterized by personal elaboration. Examination method and program are the same for attending and non-attending students. There are no intermediate tests during the course.

Assessment: 
Voto Finale

The course aims to raise awareness of the fundamental contractual models and the main legal issues in the practice of the banking and financial sectors. The training objectives of the course are based on the training objectives of the course, aimed at preparing a professional figure with an adequate and updated culture, not only in the business and economic sectors, but also in the financial and legal fields, as well as to provide a solid knowledge of the tools of analysis and interpretation of business issues, including those related to the widespread contractual issues covered by the course program.
At the end of the course, students will be able to:
- explain the contents and legal consequences of the main banking and financial transactions, using appropriate technical-legal language;
- identify and qualify the relevant legal institutions;
- recognise, within a contract text, any clauses that are flawed or do not comply with legislative and regulatory requirements;
- identify the remedies applicable in the event of flaws or non-compliance with legislative and regulatory requirements.

The course deals with the following subjects (taken from the table of contents of the Antonucci's reference book "I contratti di mercato finanziario"):

THE SCOPE OF THE STUDY
- The financial market
- The segmentation of rules
- Financial market contracts as business contracts

THE FRAMEWORK OF THE RULES OF THE FINANCIAL SECTOR
- Banking contracts in the Italian civil code
- Constitutional, national and European legal sources
- Evolutionary trends in the sectoral legislation

THE BANKING SECTOR
- Features and boundaries of a national "transparency" law
- Title VI of the Consolidated Banking Law (TUB) as a container of non-homogeneous rules
- The credit cost
- The repression of usury

THE SECURITIES SECTOR
- The harmonised regulation
- Market efficiency and contract offer
- The framework of Art. 21 of the Consolidated Law on Finance (TUF)
- Customer segments and "lifts"
- Conflicts of interest
- Infringement of the conduct rules

THE GENERAL RULES OF CONTRACT LAW
- Standardised contracting as a business practice
- Legal standards
- Freedom of contract, regulation, and judgement by Art. 1322(2) of the Italian civil code (excluding the analysis of claims made clauses)
- The concepts of general contract law in the sectoral regulation

THE CROSS-CUTTING POINTS
- The tied selling practices
- The bundling of credit and insurance contracts
- Alternative dispute resolution for small claims

Convenzionale

The course is composed of 40 hours frontal lessons, which will have the format of seminars. During the lessons, case law related to banking and financial contracts will be analysed. Some materials discussed in the classroom may be made available on the e-learning platform of the University.

Office hours: by appointment by contacting the teacher at the following email address: giuseppe.versaci@uninsubria.it.

Professors