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MiFID II and Private Law - Enforcing EU Conduct of Business Rules (Paperback)
Loot Price: R1,683
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MiFID II and Private Law - Enforcing EU Conduct of Business Rules (Paperback)
Series: Hart Studies in Commercial and Financial Law
Expected to ship within 10 - 15 working days
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In the wake of the global financial crisis, investors have suffered
significant losses as a result of breaches of conduct of business
rules in the distribution of financial instruments. MiFID II
introduced new disclosure, distribution and product governance
rules to strengthen the protection of investors but, like MiFID I,
did not harmonise the civil law consequences for their violation.
This book asks whether, in spite of the silence of the EU
legislators, the MiFID II conduct of business rules may produce
civil law effects, enabling investors to enforce them against
investment firms before national courts and alternative dispute
resolution (ADR) mechanisms. Building on the case law of the CJEU,
the book shows the conditions under which the breach of MiFID II
conduct of business rules should give rise to a private law remedy,
and what remedies would be compatible with EU law. MiFID II and
Private Law is an essential contribution to academic research in EU
and financial law and will be a key text for policy-makers and
legal practitioners working in the field of investor protection
regulation and mis-selling litigation.
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