Ateneo - UPO

The course deals with banking law, addressed both from the perspective of (i) banking regulation, i.e. authorization and supervision of banking undertaking, and of (ii) contract law, i.e. the type and peculiarities of private parties agreements in the banking sector.

For those students attending lectures, excerpts of books and law journal articles will be assigned as readings. All reading material will be published on the online platform at the beginning of the course.
For non-attending students, suggested readings will be communicated a the beginning of the course on the online platform.

The course aims at offering a deeper understanding of the role and importance of the banking system in the context of a market economy, so as to unveil the rationale behind regulation and supervision of banking activities.

Students shall have a basic knowledge of corporate and contract law.

Lectures with the continuous involvement of the students in the discussion.
Certain classes will be dedicated to written class exercises on topic to be jointly identified, in preparation of the exam.

Good knowledge of the English language is required.

Written exam. A part of the exam may consist in solving a practical case, drafting a contractual clause, and/or a short essay.

Part A – Introduction
1) Banking activities: characteristics and history
2) Banking activities in the modern market economy
Parte B – Banking regulation and supervision
1) Prerequisite: capital, organization and corporate governance
2) National and EU supervision
3) Banking crisis management
4) Deep dive on the Italian and European banking system
Parte C – Banking contracts
1) Introduction to the legal framework and EU law impact
2) Negotiation of banking contract and the relevant liability
3) Banking contracts in the Italian Civil code
4) Dispute resolutions mechanism
5) Deep dive on banking and finance transactions

Students are expected to:
- learn about the role, economic activity and legal framework of banks, with an understanding of the rationale behind the rules and the relevant protected interests;
- learn how to properly use law sources and legal vocabulary.