This course aims to provide the students with a general overview of Private Banking Law, from an international perspective, though the emphasis will be on EU law. The course is based upon EU law, general principles of law but reference may also be made to other systems of law and to international initiatives sponsored by Unidroit and UNCITRAL.
This course focuses on the private law of banking as it relates to the core banking activities: deposit taking and lending of money.
The purpose of this course is, on the one hand, to provide students with the necessary skills to understand and analyse from a critical standpoint banking contracts. Students should, at the end of the course, be able to identify the relevant legal questions arising from such contracts, as well as the relevant risks at stake and also be able to present solutions to mitigate or transfer such risks.
On the other hand, our goal is to provide students with the necessary skills in order to be able to choose, when facing a real life situation, the best (banking) contractual solution.
Joana Aurora Farrajota Mendes Rodrigues
Weekly - 3
Total - Available soon
Ellinger, Lomnicka and Hare, Ellinger’s Modern Banking Law, 5th ed, 2011.
Mattout, Jean-Pierre, Droit Bancaire International, 4th ed., Revue Banque, 2009
McKnight, Andrew, The law of International Finance, 2008, Oxford University Press
In addition to these works, a more specific list of readings is made available to students, in respect of each topic addressed in classe, on Moodle.
A reading list - made of case law, articles and legislation - is provided to students in Moodle ,in respect of each topic that will be addressed in the course, in order for students to prepare in advance each class.
The purpose is to increase participation and provide for the basis for a discussion of topics in each class.
Seminars, with invited guests, will be held on topics that although relating to the course's syllabus are transverse to other areas of knowledge, such as data protection, fintech amongst others.
(i) A two hours written exam in the end of the semester;
(ii) Participation in class. Participation shall include any form of intervention during classes (comments, questions) as well as the presentation of a paper – the presentation of such a paper not being mandatory.
The first part of the course will focus on the relationship between bank and customer in general, addressing consumer-related issues, as well as bank’s duties to customers.
The second part will be centred in the deposit-taking relationship and the legal issues surrounding bank payment services.
Finally, the third part of the course will address the activity of the bank as a lender, that including leasing and factoring agreements. Lastly we will look at a number of credit guarantees, such as bank guarantees and documentary credits.
Programs where the course is taught: