Journal title ECONOMIA E DIRITTO DEL TERZIARIO
Author/s Antonio Marcacci
Publishing Year 2018 Issue 2017/3 Language Italian
Pages 0 P. File size 0 KB
DOI 10.3280/edt3-2017oa6270
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This article frames the phenomenon of derivative financial instruments within the context of the European Regulatory Private Law (ERPL). After giving an account of the ERPL, the article - firstly - examines the statutory definition of derivative financial instruments under EU law, and - secondly - analyzes the post-crisis European regulation. Taking into account the EU pieces of legislation directly addressing derivative contracts, the article claims that the interest of the EU law-maker is to adopt unifying standards and facilitate access to markets (regulatory aspect ofthe private law), rather than setting forth rules harmonizing contract law as such at a continental level (private law in stricto sensu). Although it is difficult to develop such a technical topic in legal terms, the European legislation concerning derivative financial instruments looks like a clear template of European Regulatory Private Law.
Keywords: EMIR, MiFIR, derivative financial instruments, European Regulatory Private Law, European Law of Financial Markets
Antonio Marcacci, MiFIR, EMIR e strumenti derivati: un esempio di Diritto Privato Regolatorio Europeo in "ECONOMIA E DIRITTO DEL TERZIARIO" 3/2017, pp , DOI: 10.3280/edt3-2017oa6270