The course has the preliminary goal of developing knowledge of normative sources (national, and EU ones) of banking regulation and the capacity of autonomous updating. Moreover, another goal is to develop the interpretative and critic-reading skills concerning the regulations, also considering the different paths of the jurisprudence, and so to develop the capacity of identifying the net of opposite interests between banks and their customers and the criteria to solve conflicts that could occur in a judiciary trial, being conscious of the given economic context.
1) Knowledge and comprehension capacity: the course has, in the first place, the objective of developing the knowledge of banking law sources. Assuming the civil and commercial law knowledge, the next step is acquiring the capacity of finding and, consequently, comprehending and interpreting normative sources (primary and regulatory) national and EU regarding banks and banking activity. For this purpose, to the normal classes (lectures and seminars) is added the use of multimedial material and of the Internet to access the websites of banks, Italian Banking Association (ABI) and Authorities (Bank of Italy and EBA).
2) Ability of implementing knowledge and comprehension: the course tries to reach also the goal of developing awareness and to develop ability to interpret the dispositions, considering jurisprudence's paths, , in particular in the field of the relationships between banks and customers. These legal acts and paths are proposed during the classes or as extra material or during seminars. The test will take place during the final exam.
3) Critical thinking: as a further goal, the course is aimed at stimulating the critic reading of the normative material to develop the ability of reordering the different jurisprudence's theoric and practic approaches, to, consequently, identify the situations, considering the economic context, the opposite interests to solve conflicts, moving through recent experiences or press publications, followed by the selection of different interpretative approaches. The testing of such capabilities takes place during the oral examination.
4) Communicative abilities: the course has also the goal of focusing on the economic reality (related to contracts, operations and banks' activity) of the consequent contrast between the interests and necessities and need of protection, to then focus on technical-legal vocabulary, that in the banking sector, is often influenced from economic lexicon, and/or expressed in the Anglo-Saxon language, used by regulations and by the doctrine, showing the way to translate in legal lexicon (considering the national legal categories). This approach is used in all the topics (classes and seminars) and the implementation of such approach is required in all the forms of exposition, during seminars or the oral exam.
5) Learning capabilities: the explanation of the topics is faced, on one hand, focusing on the awareness of the economic context, from which the contrast between the interests derives, the different legal regime for contracts with consumers and non-consumers and the interconnection of the banking regulation with financial and insurance law, both at a national and EU level. On the other hand, the course focuses on the variety of the contractual practices and Authorities' regulations, teaching also the consulting modalities for the banks’ and Authorities' websites (national and EU), either during class or through the extra material distribution. It is expected the acquisition of the capability to be autonomous in the updating process. The testing of such capability will take place during the final oral examination.
The student must have passed the exams of "Private Law" and "Commercial Law"
Banks and banking activity – Legal framework of the banking and financial contracts - Customer relationships – The customer/consumer – Bank account as the basis of the relationship between bank and customer – Main contracts of funding (deposit, saving account, certificate of deposits and bond, repo) - Main contracts of lending (banking loan, banking advance, banking discount, with special regard to corporate finance) – Main financial guarantee contracts (surety, pledge) - Payment systems
Banks and banking activity (8 h)– Legal framework of the banking and financial contracts (2 h)- Customer relationships (2 h). The customer/consumer– Bank account as the basis of the relationship between bank and customer (4 h)– Main contracts of funding (4 h)- Main contracts of lending (20 h) – Main financial guarantee contracts (4 h) - Payment systems (4 h)
P. FERRO-LUZZI, Lezioni di diritto bancario, vol. I: Parte generale, Giappichelli, III ed., 2012 (all but lessons II and III)
P. FERRO-LUZZI, Lezioni di diritto bancario, vol II: Parte speciale. I contratti, Giappichelli, II ed., 2006, (all but lesson XII)
Oral exam. Student assessment includes an oral exam in which questions are asked in order to verify, on a sample basis, the knowledge of basics and general discipline, so to assess the understanding of the various areas studied and the additional ability to place within the discipline the points object of exposure. The exam moves on to more specific issues up as the level of test improves.
The score of the exam is assigned by a vote expressed in thirtieths. The test usually has an approximate duration of 10/15 minutes.