L’Unione bancaria e il suo impatto sul rapporto tra intermediari e consumatori

Author/s Pietro Sirena
Publishing Year 2016 Issue 2016/1 Language Italian
Pages 9 P. 41-49 File size 418 KB
DOI 10.3280/ED2016-001004
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Pursuant to European law, banking supervision clearly overlaps with private law which is applicable to banks and their business, especially in the architecture of the Banking Union. First of all, this is true with regard to the governance of the bank as a company, i.e. the distribution of powers and liabilities among its interna corporis. Furthermore, individual rights and duties between banks and their clients have been re-shaped through the so-called resolution of the formers, particularly in the bail-in mechanism. At last, relevant is the impact of banking supervision on the rights and duties arising from contracts between banks and their clients. Above all, that is the case of law on credit to consumers. As an instance, the supervisory standards relating to practices of responsible lending give eventually birth to a true obligation of banks to render finance advice to consumers in the pre-contractual stage.

Keywords: Banking Union, banking supervision, relationships between banks and their clients, credit to consumers.

Jel codes: K1, K12, K13, K2, K23

Pietro Sirena, L’Unione bancaria e il suo impatto sul rapporto tra intermediari e consumatori in "ECONOMIA E DIRITTO DEL TERZIARIO " 1/2016, pp 41-49, DOI: 10.3280/ED2016-001004