The course aims to provide a general framework on the principles and foundations of banking law, insurance and financial markets, through, in particular, the examination of the issues and aspects, strictly topical in doctrine and jurisprudence, relating to bank contracts and insurance and the distribution of financial products to customers.
The first part of the course will be dedicated to a general introduction of banking, insurance and financial activities, in which, after a quick examination of the rules of banking, insurance and financial companies (reference Supervisory Authority; authorization regimes; ownership structures, governance, etc.), particular attention will be paid to supervisory measures aimed at ensuring, with reference to banking and insurance companies, sound and prudent management (capital adequacy, liquidity ratios, technical reserves, own funds, SCR, MCR, etc. .).
The second part of the course will focus on the general discipline of banking, insurance and financial contracts (transparency and general terms and conditions, information obligations, etc.), as well as on insurance distribution and financial intermediation (investment services).
In addition to a wide and complete recognition of the secondary regulations of the Bank of Italy, Consob and Ivass, the analysis will be conducted with a case-by-case approach, examining the main decisions of the Banking Financial Arbitrator (ABF) and the Arbitrator for disputes financial institutions (ACF) and the most recent interventions of the jurisprudence of merit and legitimacy.
Prerequisites for admission
As per the learning regulation of the degree course; in particular, Institutions of Private Law and Constitutional Law are preparatory.
A good knowledge of Institutions of Corporate Law is required.
The course is structured in lectures, with the attendance of experts as speakers (insurance and banking companies; Supervisory Authority).
The reference texts for the exam are the following:
1) P. SFAMENI, A. GIANNELLI, Diritto degli intermediari e dei mercati finanziari, Egea, 2018 (the whole volume but parr. 8.5, 8.6 e 8.7 of chapter 10).
2) G. CAVALLI, M. CALLEGARI, Lezioni sui contratti bancari, Zanichelli, 2011 (the whole volume but chapters 9, 10 and 11).
3) A. Donati-G. Volpe Putzolu, Manuale di diritto delle assicurazioni, Giuffrè, 2019.
Further materials (case law and other sources) will be given and discussed in class.
Assessment methods and Criteria
The exam consists only of an oral test; there are no written tests. The oral test aims to verify, in addition to the knowledge of the notions, the ability to critically address and solve legal issues through the re-elaboration of the acquired knowledge and the understanding and evaluation ability of the cases addressed.