Product details
- Categories: Septembre 2023, Banking and Financial Law
- Publisher: OUP - Oxford University Press
- Collection: Oxford EU Financial Regulation Series
- ISBN: 9780192866592
- Publication Date: 21/09/2023
- Binding: Paperback
- Number of pages: 720
- Language: English
Summary
This timely new work provides a thorough overview, analysis, and
discussion of standard terms control for banking and financial contracts
in Europe. Unfair Terms in Banking and Financial Contracts
argues that this sector uniquely necessitates unfair terms control, due
to the asymmetrical relationship between lay consumers and the financial
industry and discusses the role of the judiciary in addressing this
imbalance.
The rise of unfair terms control as a remedy for
consumers and businesses against financial institutions with superior
bargaining power has led to questions about the Directive's threat to
existing contracts. Disputes have already arisen across Europe in
several areas including foreign currency housing loans, housing loans
based on Euribor, and hidden bank fees. These disputes and their
outcomes are high stakes for banks and their customers. The stakes of
the outcomes of these disputes for the customers as well as for the
banks are very high.
The book focuses on the EU Unfair Terms
Directive (UTD) but also considers the law of non-EU jurisdictions.
Beginning with an overview of the UTD and the extensive case law of the
CJEU, the volume brings together leading authorities in the field of
financial law to provide analyses of the UTD's application in this
sector across 15 EU jurisdictions (Ireland, Germany, France, Italy,
Spain, Austria, The Netherlands, Belgium, Sweden, Greece, Poland,
Romania, Czech Republic, Hungary, and Estonia). It then goes on to
compare the legal situation in three non-EU jurisdictions (United
Kingdom, Switzerland, and Norway).
Locating unfair terms control
within a broader European struggle to balance the power of market forces
and the requirements of social justice, the volume offers a critique of
the existing regime and concludes with a proposal for a common legal
framework to ensure a level playing field and greater harmonisation
across the EU.
Table of contents
1:Introduction, Danny Busch and Matthias Lehmann
2:The Unfair Terms Directive and Its Application to Banking and Financial Contracts, Danny Busch and Matthias Lehmann
PART II: EU JURISDICTIONS
3:Germany, Matthias Lehmann
4:France, Thierry Bonneau
5:Italy, Laura Valle
6:Spain, Francisco de Elizalde and Sara Sánchez
7:Poland, Dariusz Adamski and Aneta Wiewiorowska
8:Romania, Monika Jozon
9:The Netherlands, Danny Busch
10:Belgium, Caroline Caufmann
11:Greece, Christina Livada
12:Czech Republic, Silvia Vyskocilová and Rita Ildikó Sik-Simon
13:Sweden, Torbjörn Ingvarsson
14:Hungary, Judit Fazekas and András Pomeisl
15:Austria, Alexander Schmit and Prof. Martin Spitzer
16:Ireland, Alexandros Seretakis
17:Estonia, Irene Kull
PART II.a: NON-EU/EEA JURISDICTIONS
18:Norway, Marte Eidsand Kjørven
PART II.b: NON EU/NON-EEA JURISDICTIONS
19:United Kigdom, Gerard McMeel
20:Switzerland, Yesim Atamer
PART III: CONCLUSION
21:Towards an Unfair Terms Regulation, Danny Busch and Matthias Lehmann
1:Introduction
2:The Unfair Terms Directive and Its Application to Banking and Financial Contracts
PART II: EU JURISDICTIONS
3:Germany
4:France
Italy