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ECONOMIC LAW

CODE 103980
ACADEMIC YEAR 2022/2023
CREDITS
  • 6 cfu during the 3nd year of 11122 DIRITTO ED ECONOMIA DELLE IMPRESE(L-18) - LA SPEZIA
  • 6 cfu during the 3nd year of 11122 DIRITTO ED ECONOMIA DELLE IMPRESE(L-14) - LA SPEZIA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/05
    LANGUAGE Italian
    TEACHING LOCATION
  • LA SPEZIA
  • SEMESTER 2° Semester
    PREREQUISITES
    Prerequisites
    You can take the exam for this unit if you passed the following exam(s):
    • LAW AND BUSINESS ADMINISTRATION 11122 (coorte 2020/2021)
    • LAW OF OBLIGATIONS AND CONTRACTS 103723
    • CONSTITUTIONAL SYSTEM AND FUNDAMENTAL RIGHTS 103725
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    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 account 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. 

    AIMS AND CONTENT

    TEACHING METHODS

    Lessons (with active participation of students) and seminars (with presentations by students). 

     

    SYLLABUS/CONTENT

    Part I: Introduction and basic notions

    1. The history of banks 
    2. The legal notion of bank and banking activity.
      1. Bank and banking activity in the law.
      2. Specialty of banks after the financial crisis
      3. Non-bank financial institutions: 106 TUB, payment institutions, e-money institutions and others (taking into account PSD 2 reform).
      4. Types of activities reserved to banks, of bank permissible activities, prohibited activities.
    3. Supervisory Architecture:
      1. Italian Banking Authorities
      2. Recent developments in European Banking Supervision: ESRB, ESAs (in particular, EBA) and the Banking Union (and the role of the ECB in banking supervision).
      3. Other authorities and division of competences
    4. European and International Perspective
      1. Evolution of banking supervision and regulation in Europe (European passport, home country control, Banking Union) 
      2. International authorities: Basel Committee on Banking Supervision, FSB, etc.
      3. Future reforms

    Part II: Regulation of banks as special firms 

    1. Applicable law. Prudential regulation.
      1. Sources of law
      2. Authorisation process and requirements 
      3. Prudential supervision (eg capital requirements, corporate governance, containement of risks)
      4. Supervisory powers and measures 
      5. Banking groups
      6. Banking crises and resolutions
      7. Deposit guarantee schemes 
    2. Types of banks and regulation 
      1. Mutual banks 
      2. Public banks and banking foundations 
      3. Ethical banks
    3. Sanctions

    Part III: Regulation of banks as contractual counterparty.

    1. Applicable law.
    2. General aspects and some particular clauses (unilateral modification, anatocism, interest rates and usury.
    3. Cosumer protection and special regimes (consumer credit and residential mortgages)
    4. Overview of different types of banking contracts 

    The course will be complemented by seminars prepared by group of students (on a voluntary basis, obtaining additional points) 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, Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, 'four banks' cases, islamic finance, Brexit, Big tech, Amazon lending.

    RECOMMENDED READING/BIBLIOGRAPHY

    Please see the course's page on Aulaweb for updated information.

    TEACHERS AND EXAM BOARD

    Exam Board

    EUGENIA MACCHIAVELLO (President)

    LESSONS

    Class schedule

    All class schedules are posted on the EasyAcademy portal.