Financial Services Contracts in EU Law
Federico DELLA NEGRA
Disponibilité: En rupture de stock - disponible sous 10 jours
- Catégories: Droit bancaire et financier
- Editeur: OUP - Oxford University Press
- ISBN: 9780192866608
- Date de publication: 12/10/2023
- Reliure: Paperback
- Nombre de pages: 384
Résumé
In the wake of the 2008 Global Financial Crisis, misconduct and unfair
contract terms in financial services contracts triggered a wave of
litigation before national courts. Litigation did not remain a national
law issue but soon became an EU law issue. National courts sought,
through the preliminary reference procedure, the Court of Justice of the
European Union (CJEU)'s guidance to interpret EU financial services
legislation and determine the scope of consumers' rights and private law
remedies vis-à-vis financial service providers (FSPs).
The
high number of CJEU's rulings have significantly innovated numerous EU
and national private law rules on financial services contracts. The CJEU
has often expanded consumers' private law remedies, based on general
principles of EU law, beyond the letter of the law, thus 'creating' new
private law principles for these contracts.
This book provides
the first comprehensive and systematic analysis of the rapidly evolving
and complex CJEU case law on retail credit, payment, and investment
services contracts. It extensively discusses the rationales of the
CJEU's judgments and gives guidance on the role of general principles of
EU law in the CJEU's reasoning. This volume identifies emerging
principles of private law which should apply across credit, payment, and
investment services contracts. Building on this analysis, the work
provides an assessment of the significant legal and policy implications
of the CJEU case law on national and EU private law.
Table des matières
Introduction
Part I: The EU Regulatory Framework for Financial Services Contracts
1:The Regulation of Financial Services Contracts in EU Law
2:The Enforcement of Financial Services Contracts in EU Law
Part II: The Evolution of the CJEU Case Law on Financial Services Contracts
3:Unfair Contract Terms in Financial Services Contracts
4:Consumer and Mortgage Loan Contracts
5:Payment Services Contracts
6:Investment Services Contracts
Part III: CJEU Principles for the Interpretation of Financial Services Contracts
7:The EU General Principles for the Interpretation of Financial Services Contracts
8:The CJEU Private Law Principles on Financial Services Contracts
9:Concluding Remarks