DIRITTO DEI CONTRATTI BANCARI E FINANZIARI

Degree course: 
Corso di Second cycle degree in ECONOMICS, FINANCE AND BUSINESS LAW
Academic year when starting the degree: 
2020/2021
Year: 
1
Academic year in which the course will be held: 
2020/2021
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
60
Detail of lecture’s hours: 
Lesson (40 hours), Exercise (20 hours)
Requirements: 

The successful learning of the contents of the course requires knowledge of the fundamental institutions of common contract law, which can be acquired as part of a basic course of Private Law provided at the level of three-year courses of study. It should be noted that there are no propaedeutical constraints with respect to other teachings of the Course of Studies.

Final Examination: 
Orale

The examination will be carried out exclusively in written form. The written task will include two open-ended questions, which may also require the solution of a specific case. The first question will be about a contract or a banking contract institution and the second question will be about a topic related to financial contracts. The test will take approximately one hour. The criteria with which the verification of the acquired knowledge and skills will be carried out are: the accuracy and completeness of the content of the answers; the exact identification and qualification of the legal institutions involved; the critical ability to link and process the acquired knowledge; the ability to identify the applicable remedies; the ability to relate the topic to concrete examples; the ownership in the use of technical-legal language. Only students regularly enrolled in the appeal will be admitted to take the exam.

The result will be in thirtieth. The test will be considered passed with a score of at least 18/30. Praise will be awarded for a correct and complete answer, characterized by personal elaboration. Modalities and examination program are equal for both frequent and non-attendants. There are no intermediate tests during the course.

Assessment: 
Voto Finale

The course aims to raise awareness of the fundamental contractual models and the main legal issues in the practice of the banking and financial sector. The training objectives of the course are based on the training objectives of the course, aimed at preparing a professional figure with an adequate and updated culture, not only in the business and economic sectors, but also in the financial and legal fields, as well as to provide a solid knowledge of the tools of analysis and interpretation of business issues, including those related to the widespread contractual issues covered by the course program. Expected learning outcomes At the end of the course, students will be able to: - explain the contents and legal consequences of the main banking and financial transactions, using appropriate technical-legal language; - identify and qualify the relevant legal institutions; - recognise, within a contract text, any clauses that are flawed or do not comply with legislative and regulatory requirements; - identify the remedies applicable in the event of flaws or non-compliance with legislative and regulatory requirements.

The course - with a specialist approach and a seminar format - will deal with the discipline of bank contracts. It should be noted that approximately half of the hours of the course (about 20 hours) will be devoted to the part relating to bank contracts; the other half will be devoted to financial contracts. and financial contracts, focusing on new regulations and developments in the relevant jurisprudence. In addition, concrete examples of contract texts will be examined and discussed, in the light of the rules and concepts analysed. To this end, an active participation of the student during the lessons is urged.

In detail: Bank contracts The discipline of special bank contracts in the Civil Code, and in particular: mortgage; bank account; credit opening; bank deposit; bank advance; bank discount. The transversal discipline of banking contracts in Legislative Decree no. 385/93 (Consolidated Banking Law), and in particular: usurious interest; prohibition of bank anatocism; portability of bank loans; transparency and information. Analysis of the jurisprudence of legitimacy and merit relating to the contracts and provisions examined; analysis of the main guidelines of the Banking and Financial Arbitrator. Examination and discussion of contractual texts. Financial contracts The financial intermediation contract between the law and Consob implementing regulations (in particular, the definition of "financial instruments"). Derivative contracts. Off-site and remote bids. Collective asset management contracts. Contracts for the management of markets. The rules of conduct of financial intermediaries and remedies in the event of violation Analysis of the jurisprudence of legitimacy and merit in relation to the cases examined. Examination and discussion of contractual texts.
It should be noted that approximately half of the hours of the course (about 20 hours) will be devoted to the part relating to banking contracts; the other half will be devoted to financial contracts.

The reference text of the course is: Gitti, Maugeri, Notari, I contratti per l'impresa, vol. II, Bank, markets, companies, Il Mulino, Bologna, 2012, limited to Chapters I, II, III, IV, V, VI, VII, IX, X, XI, XII, XIII, XIV, XV and XVI. It is essential to consult an updated civil code. We recommend: Civil Code and related laws, edited by G. De Nova, Zanichelli, latest edition. It is also essential to consult the legislative and regulatory tests relevant to the programme, such as Legislative Decree no. 385/93 (Consolidated Banking Law) and Legislative Decree no. 58/1998 (Consolidated Law on Finance), as well as the regulations for their implementation, which can be found in an updated version on the websites of the Bank of Italy (www.bancaditalia.it) and Consob (www.consob.it).

Convenzionale

The course consists of 40 classical frontal lessons. During the lessons, the analysis of the jurisprudence of legitimacy and merit relating to the contracts considered will be addressed, as well as the examination and discussion of contractual texts. Some materials discussed in the classroom will be made available on the e-learning platform of the University.

The reception time is published on the teacher's home page; please check for any notices of change. However, the teacher will receive the official reception time at the end of each lesson or, if the official reception time is not available to the student, also by appointment, upon request by e-mail to camilla.ferrari@uninsubria.it. The teacher responds only to e-mails signed and coming from dominio@studenti.uninsubria.it.

Professors

FERRARI CAMILLA