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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 financial sector from the legal point of view. We will examine prudential regulation, conduct of business rules and the main 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 financial sector in historical perspective. Principles and structure of financial regulation and supervision 
    2. The legal notion of bank and banking activity.
      1. Bank and banking activity in the law. Authorisation
      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. Financial market and investment services
      1. Notion of financial product, financial instruments and investment services
      2. Activity reserved to investment firms and authorisation
    4. Supervisory Architecture:
      1. Italian financial Authorities
      2. Recent developments in European Financial Regulation and Supervision: Lamfalussy and the European passport; ESRB, ESAs and the Banking Union (and the role of the ECB in banking supervision); Capital Markets Union
      3. Other authorities and division of competences
      4. International authorities: Basel Committee on Banking Supervision, FSB, etc.

    Part II: Regulation of financial intermediaries. Prudential regulation

    1. Rules and instruments of prudential regulation and supervision.
      1. Sources of law
      2. groups; crises and resolutions
      3. Deposit guarantee schemes and investor protection systems

    Part III: Regulation of financial intermediaries: conduct rules and contracts 

    1. Applicable law.
    2. General regimes (banking, investment)
    3. Special regimes 
    4. Cosumer protection and special regimes (consumer credit and residential mortgages)
    5. Aspects of competition law

    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 and investment-based crowdfunding, virtual currencies, crypto-assets and stablecoin, online banking, fintech banks, Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, 'four banks' cases, islamic finance, Brexit, Big tech, Amazon lending, Gamestop, Wirecard, etc..

    RECOMMENDED READING/BIBLIOGRAPHY

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

    TEACHERS AND EXAM BOARD

    Exam Board

    EUGENIA MACCHIAVELLO (President)

    CHRISTIAN MEZZANO

    LESSONS

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    Exam schedule

    Date Time Location Type Notes
    18/05/2023 14:00 LA SPEZIA Orale
    08/06/2023 11:00 LA SPEZIA Orale
    22/06/2023 11:00 LA SPEZIA Orale
    06/07/2023 11:00 LA SPEZIA Orale
    14/09/2023 11:00 LA SPEZIA Orale