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EU Investor Protection Regulation and Liability for Investment Losses - A Comparative Analysis of the Interplay between MiFID & MiFID II and Private Law (Paperback, 1st ed. 2020)
Loot Price: R3,730
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EU Investor Protection Regulation and Liability for Investment Losses - A Comparative Analysis of the Interplay between MiFID & MiFID II and Private Law (Paperback, 1st ed. 2020)
Series: Studies in European Economic Law and Regulation, 20
Expected to ship within 10 - 15 working days
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This book examines the relationship between the EU investor
protection regulations enshrined in MiFID and MiFID II and national
contract and torts law. It describes how the effect of the conduct
of business rules as implemented in national financial supervision
legislation in private law extends to the issue of enforcement, and
critically assesses this interaction from the perspective of EU
law. In particular, the conclusions identified in the book will
deepen readers' understanding of the interplay between the conduct
of business rules and private law norms governing a firm's
liability to pay damages, such as duty of care, attributability of
damage, causation, contributory negligence and limitation. In turn,
the book identifies the subordination and the complementarity model
to conceptualise the interaction between the conduct of business
rules and private law norms. Moreover, the book challenges the view
that civil courts are - or should be - forced to give private law
effects to violation of the MiFID and MiFID II conduct of business
rules in line with the subordination model. Instead, the
complementarity model is advanced as the preferred approach to this
interaction in view of what MiFID and MiFID II require from Member
States in terms of their implementation, as well as the
desirability of each model. This model presupposes that courts
should consider the conduct of business rules when adjudicating
individual disputes, while preserving the autonomy of private law
norms governing liability of investment firms towards clients.
Based on analysis of case law of courts in Germany, the Netherlands
and England & Wales, as well as scholarly literature, the book
also compares the available causes of action, the conditions of
liability and the obstacles investors face when claiming damages,
as well as how and the extent to which investors can benefit from
the conduct of business rules in clearing these obstacles. In so
doing, under the approach adopted by national courts to the
interplay between the conduct of business rules of EU origin and
private law, the book shows how investors can benefit from the
influence of these rules on private law norms. In closing, it
demonstrates a hybridisation of private law remedies resulting from
the accommodation of the conduct of business rules into the private
law discourse according to the complementarity model, illustrating
how judicial enforcement through private law means may contribute
to investor protection.
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