Banking Law

General characterization

Prerequisites

Available soon

Bibliography

Available soon

Teaching method

A reading list was made available to students - consisting of court decisions, doctrine articles and legislation - for each of the points of the syllabus, on Moodle, so that students can prepare in advance for each of the classes. The aim is to increase participation and create a basis for interesting class discussion with students. There will also be seminar classes, with invited guests, on topics that, although related to the subject programme, are transversal to other areas. are transversal to other areas of knowledge, such as data protection and fintech, among others.

Evaluation method

The evaluation shall consist of two elements: a written exam in the end of the semester (80% of the final grade) and participation in class, that could include presentation in class of papers (20% of the final grade).

The second element is not mandatory, as such should the participation have a negative influence in your evaluation it will be not be taken into account

Subject matter

§1.  Introduction.  Banks and Banking Business

1.  Overview: legal definition of bank, bank transactions

2.  The bank and its customers

2.1  The legal nature of the problem

2.2.  Who is a customer? B2b and b2c relations (an overview)

2.3.  The nature of the relationship between banker and customer

2.4.  Bank’s duties

§2.  The bank as a monetary agent

1.  The bank’s role as a Depository

1.1.  The account.

1.2.  The current account

2.  Special types of account

3.  Deposit Guarantee Schemes

4.  The bank as paymaster.

4.1.  The Gyro system and Electronic transfer of funds

4.2.  The provisions of the Payment services Directive (2015/2366)

§3.  The bank as Lender

1.  Introduction

2.  Overdrafts

3.  Bank loans

4.  Leasing

5.  Factoring

6.  Risk management. Guarantees  (Bank Guarantees; Documentary   credits)

Programs

Programs where the course is taught: