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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
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Finance and Law: Twins in Trouble (Paperback)
Loot Price: R1,682
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Finance and Law: Twins in Trouble (Paperback)
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From the start of the financial crisis in 2007, which turned into
an economic crisis soon afterwards, it was obvious that public law
could not prevent the genesis of this crisis although it has
adequate instruments to make a reoccurrence of such a crisis
unlikely. Financial law, tax law and even aspects of criminal law
are designed to regulate the behaviour of financial institutions
and other corporations. Since public law was unable to avoid the
2007 crisis, there can only be one conclusion: its instruments did
not work properly or, worse, were badly designed or applied. Since
2007, a lot has been done from a financial, tax or criminal law
point of view, confirming this finding. Regulation has thus been at
the centre of the financial and legal debate, but a real
understanding of the lessons of the crisis also requires account to
be taken of private law. Is there a possible connection between
private law and the outbreak of a financial and economic crisis?
And did private law institutions, mechanisms or instruments in
their current design contribute to the crisis? Does private law
provide institutions, mechanisms and/or instruments which might
have prevented the genesis of a financial or economic crisis? If
so, why did these institutions, mechanisms and instruments fail to
do so? And is there a need for new or modified instruments to
improve the impact of private law on events that may lead to a new
crisis? This thought-provoking book makes it clear that private law
and the possibility of a financial and economic crisis are strongly
intertwined. It shows that private law provides as many useful
institutions, mechanisms and instruments against the emergence of
such a crisis as public law does. Few other books bring together so
many leading legal scholars on private law and its effects and
implications. This book is rigorous, thoughtful, enlightening and
thought-provoking - a must-read.
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