|SCIENTIFIC DISCIPLINARY SECTOR||IUS/05|
The course aims at providing students with adequate instruments to understand and critically analyze the banking sector from the legal point of view. We will examine banking regulation (prudential regulation/supervision and contracts), taking into accout recent developments and scientific debates within the sector, both nationally and internationally, and using seminars to analyze the most interesting and relevant to banking law cases, while developing research and critical analysis skills.
The course aims at providing students with adequate instruments to understand and critically analyze banking sector from the legal point of view. We will examine banking regulation (with a focus on Italian law but looking also at the European and International levels) with reference, as an example, to the rules about the taking up and pursuit of banking activity, ownership of banks, supervision (e.g. regulatory supervision about governance, risk management, own funds, etc.), crisis management, etc. and regulation pertaining banking contracts (client protection and consumer protection; transparency, unilaterally modification, usury, etc.) also with an overview of the main banking contracts. The above mentioned analysis will take into account the most recent developments and scientific debates within the sector, both nationally and internationally. Furthermore, the course will include seminars, where students will have the opportunity to analyze, under the guidance of the professor but at the same time developing their own research, analysis and presentation skills, the most interesting and relevant to banking law cases.
The active participation to the course (lectures and seminars) will allow students to:
- gain knowldge of banking regulation (prudential regulation and supervision as well as contracts);
- understand the reasons and reasoning behind the adoption of each rule;
- apply the rules to specific cases and new phenomena (Fintech, crowdfunding, etc.);
- be exposed to current discussions at national and international level, potentially leading to future regulatory reforms in the sector;
- develop research, analysis and reasoning skills, ability to present their research to an adience and participate to the discussion
- improve the ability to work in group;
- develop the ability to link different topics, even from different courses.
Having passed the exam and participated to the classes of the business law course is highly recommended.
Lessons (with active participation of students) and seminars (with presentations by students). The attendance to the latter is mandatory only for CLEC students.
The in presence, online or hybrid nature of classes will depend on the University's teaching guidelines in force at the time.
Part I: Introduction and basic notions
Part II: Regulation of banks as special firms
Part III: Regulation of banks as contractual counterparty.
In the last years, the course has been complemented by seminars addressing practical cases or certain topics deserving special attention to better understand banking regulation, such as: microcredit, peer-to-peer lending, virtual currencies, online banking, fintech banks, Big tech in the financial sector, islamic finance, Brexit, sustainable finance, practical cases related to the following 'scandals': Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, Venetian banks, 'four banks'.
Textbook and recommended material will be specified on Aulaweb, with differentiations for attending (60% of presence to online classes) and not-attending students. The latter will be required to study on the recommended manual as well as on additional material posted on aulaweb. However, they can discuss with the Professor the possibility to watch the recorded lectures online and prepare the exam on the same together with the slides. Anyway, the presence and participation to classes is highly recommended for the opportunity to interact and discuss with the Professor. Foreign students who feels the need to have a dedicated programme/syllabus, might contact the Professor to discuss such issue.
As regards the academic year 2022/23 (please check on Aulaweb for updated information), the recommended material is the following:
Office hours: A meeting (in presence or through Teams) with the teacher can be agreed writing an e-mail to email@example.com Anyway, Prof. Macchiavello is generally available: - in La Spezia, right before the start of classes on Thursdays - In Genoa, at the Dipartimento di giurisprudenza sezione di diritto commerciale, via Balbi 22, second floor, stair on the left on Mondays and Tuesdays
EUGENIA MACCHIAVELLO (President)
1° sem.: 19 September 2022
Oral exam but active participation in class and presentations and comments at seminars will be taken into account for the final grade of students regularly attending classes. A mid-term written exam might take place for students regularly attending classes conditional on students taking and receive positive feedbacks on periodic auto-evaluation tests, attendance of other courses during the exam preparation (and as long as the epidemiologic and sanitary situation allows it). Students who fail the oral exam can repeat it with no limitations. Students non regularly attending classes might be required to present a research/report to show their ability to apply norms and critically analyse them.
The exam will assess the students' knowledge of the topics in the syllabus, their understanding of the reasons and reasoning behind each rule, their ability to link different topics, develop a legal reasoning and discuss problematic legal issues. Through seminars (and individua research and reports agreed with the Professor of the course in case of non-attending students) students will be assessed for their ability to critically analyze topics and cases and apply rules to the same.
Foreign, disabled and other persons needing special attention can contact the teacher for dedicated answers and solutions.
Attendance to the course is recommended but not compulsory