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The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.
Agency (Law) --- Commercial agents --- Agents, Commercial --- Business agents --- Commission merchants --- Attorneys --- Principal and agent --- Commercial law --- Contracts --- Partnership --- Mandate (Contract) --- Fraud --- Third parties (Law) --- 347.45 --- Third persons --- Dispute resolution (Law) --- Commercial fraud --- Deceit --- Misrepresentation (Crime) --- Commercial crimes --- Deception --- Torts --- Hoaxes --- Impostors and imposture --- 347.45 Bijzondere overeenkomsten --(algemeen) --- Bijzondere overeenkomsten --(algemeen) --- Fraud. --- Falsus procurator --- Law --- General and Others
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In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective
Banking law. --- Banks and banking --- Law, Banking --- Financial institutions --- Law and legislation --- Bank failures --- Banks and banking, International --- Consumer protection --- Financial services industry --- Commercial law --- Consumer law --- Trade regulation --- Banking law --- Bankruptcy --- Law and legislation. --- Allemagne --- Autriche --- Espagne --- Etats-Unis --- France --- Irlande --- Italie --- Pays-Bas --- Royaume-Uni
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This second edition brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe and includes 5 new chapters on sustainable remuneration, reporting, lending, green monetary policy and ESG. The volume includes a wide range of cutting-edge issues, which relate to three main themes along which the volume is structured: (1) corporate governance; (2) monetary policy and financial stability ; and (3) financial markets. With individual contributions deploying different methods of analysis, including theoretical contributions on the status quo of macro-financial research as well as law and economics approaches, the collection encourages interdisciplinary readership and will appeal to those researching capital markets law, European financial law, and sustainable finance, as well as practitioners within the finance industry. Danny Busch is Full Professor (Chair) of Financial Law at Radboud University, in the Netherlands, where he is also the founding Director of the Financial Law Centre. He is a Fellow of the Commercial Law Centre, University of Oxford, UK and Visiting Professor at Université de Nice Côte d’Azur, France. He also is a Deputy Justice in the Amsterdam Court of Appeal and a member of the Dutch Appeals Committee of the Financial Services Complaints Tribunal (KiFiD, an ADR-body). Guido Ferrarini is Emeritus Professor of Business Law at the University of Genoa. in Italy. He is a founder and fellow of the European Corporate Governance Institute (ECGI), a member of the European Company Law Experts (ECLE) Group, an Academic member of the Jean Monnet Centre of Excellence on Sustainable Finance and Law (EUSFiL) and an Academic Member of the European Banking Institute. He was chairman and founder of an alternative finance platform and is board member of a private bank. Seraina Grünewald is Full Professor of International Economic Law and Finance Law at the University of St. Gallen in Switzerland and a Part-time Professor at the European University Institute in Florence. She is a member of the Academic Board of the European Banking Institute, an academic fellow at the Jean Monnet Centre of Excellence on Sustainable Finance and Law (EUSFiL) and a member of the Committee on International Monetary Law of the International Law Association (MOCOMILA). .
Development economics. --- Financial services industry. --- Corporate governance. --- Finance --- Capital market. --- Sustainability. --- Development Economics. --- Financial Services. --- Corporate Governance. --- Financial Law. --- Capital Markets. --- Law and legislation.
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This edited volume brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe. The volume includes a wide range of cutting-edge issues, which relate to three main themes along which the volume is structured: (1) corporate governance; (2) financial stability; and (3) financial markets. With individual contributions deploying different methods of analysis, including theoretical contributions on the status quo of macro-financial research as well as law and economics approaches, the collection encourages interdisciplinary readership and will appeal to those researching capital markets law, European financial law and sustainable finance, as well as practitioners within the finance industry. Danny Busch is Full Professor (Chair) of Financial Law at Radboud University, in the Netherlands, where he is also the founding Director of the Financial Law Centre. He is a Fellow of the Commercial Law Centre, University of Oxford, UK and Visiting Professor at Università Cattolica del Sacro Cuore di Milano, Italy and at Université de Nice Côte d’Azur, France. He also is a member of the Dutch Appeals Committee of the Financial Services Complaints Tribunal (KiFiD, an ADR-body). Guido Ferrarini is Emeritus Professor of Business Law at the University of Genoa. in Italy. He is a founder and fellow of the European Corporate Governance Institute (ECGI), a member of the European Company Law Experts (ECLE) Group, an Academic member of the Jean Monnet Centre of Excellence on Sustainable Finance and Law (EUSFiL) and an Academic Member of the European Banking Institute. He is chairman of an alternative finance platform and board member of a private bank. Seraina Grünewald holds the Chair for European and Comparative Financial Law at Radboud University Nijmegen, in the Netherlands, where she is also a member of the core team of the interdisciplinary Radboud Centre for Sustainability Challenges. She is a member of the Academic Board of the European Banking Institute and a research fellow of the interdisciplinary University Research Priority Programme on Financial Market Regulation at the University of Zurich, Switzerland.
Finance --- Sustainable development --- Finance. --- Funding --- Funds --- Economics --- Currency question --- Development, Sustainable --- Ecologically sustainable development --- Economic development, Sustainable --- Economic sustainability --- ESD (Ecologically sustainable development) --- Smart growth --- Sustainable economic development --- Economic development --- Environmental aspects --- Development economics. --- Financial services industry. --- Corporate governance. --- Capital market. --- Sustainability. --- Development Economics. --- Financial Services. --- Corporate Governance. --- Financial Law. --- Capital Markets. --- Law and legislation. --- Governance, Corporate --- Industrial management --- Directors of corporations --- Services, Financial --- Service industries --- Sustainability science --- Human ecology --- Social ecology --- Capital markets --- Market, Capital --- Financial institutions --- Loans --- Money market --- Securities --- Crowding out (Economics) --- Efficient market theory --- Law
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