Freedom of Contract and Financial Stability through the Lens of the Legal Theory of Finance (LTF) - LTF Approaches to ABS, Pari Passu-Clauses, CCPs, and Basel III
In: SAFE Working Paper No. 141
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In: SAFE Working Paper No. 141
SSRN
In: GPR: Zeitschrift für das Privatrecht der Europäischen Union ; European Union private law review ; revuè de droit privé de l'Union européenne, Band 12, Heft 5, S. 238-245
ISSN: 2364-7213, 2193-9519
In: Privatrecht, Wirtschaftsrecht, Verfassungsrecht, S. 718-725
In: The Oxford Handbook of Financial Regulation (Oxford University Press 2014) (eds. Eilís Ferran, Niamh Moloney, and Jennifer Payne), Forthcoming
SSRN
In: Archiv für Rechts- und Sozialphilosophie: ARSP = Archives for philosophy of law and social philosophy = Archives de philosophie du droit et de philosophie sociale = Archivo de filosofía jurídica y social, Band 100, Heft 2, S. 219-242
ISSN: 2363-5614
The German Capital Markets Model Case Act (KapMuG) and its amendment of 2012 highlight some fundamentals of collective redress in civil law countries at the example of model case procedures in the field of investor protection. That is why a survey of the ongoing activities of the European Union in the area of collective redress and of its repercussions on the member state level forms a suitable basis for the following analysis of the 2012 amendment of the KapMuG. It clearly brings into focus a shift from sector-specific regulation with an emphasis on the cross-border aspect of protecting consumers towards a 'coherent approach' strengthening the enforcement of EU law. As a result, regulatory policy and collective redress are two sides of the same coin today. With respect to the KapMuG such a development brings about some tension between its aim to aggregate small individual claims as efficiently as possible and the dominant role of individual procedural rights in German civil procedure. This conflict can be illustrated by some specific rules of the KapMuG: its scope of application, the three-tier procedure of a model case procedure, the newly introduced notification of claims and the new opt-out settlement under the amended §§ 17-19.
BASE
The German Capital Markets Model Case Act (KapMuG) and its amendment of 2012 highlight some fundamentals of collective redress in civil law countries at the example of model case procedures in the field of investor protection. That is why a survey of the ongoing activities of the European Union in the area of collective redress and of its repercussions on the member state level forms a suitable basis for the following analysis of the 2012 amendment of the KapMuG. It clearly brings into focus a shift from sector-specific regulation with an emphasis on the cross-border aspect of protecting consumers towards a "coherent approach" strengthening the enforcement of EU law. As a result, regulatory policy and collective redress are two sides of the same coin today. With respect to the KapMuG such a development brings about some tension between its aim to aggregate small individual claims as efficiently as possible and the dominant role of individual procedural rights in German civil procedure. This conflict can be illustrated by some specific rules of the KapMuG: its scope of application, the three-tier procedure of a model case procedure, the newly introduced notification of claims and the new opt-out settlement under the amended §§ 17-19.
BASE
Model case procedures have some fundamentals in common with collective redress in civil law countries. This is particularly true in the field of investor protection which is highly regulated and marked by resulting enforcement failures, which led the German legislator to the enactment of the KapMuG and its recent amendment which highlight exemplary elements of model case procedure. A survey of the ongoing activities of the European Union in the area of collective redress and of its repercussions on the member state level therefore forms a suitable basis for the following analysis of the 2012 amendment of the KapMuG. It clearly brings into focus a shift from sector-specific regulation with an emphasis on the cross-border aspect of protecting consumers towards a "coherent approach" strengthening the enforcement of EU law. As a result, regulatory policy and collective redress are two sides of the same coin today. With respect to the KapMuG such a development brings about some tension between its aim to aggregate small individual claims as efficiently as possible and the dominant role of individual procedural rights in German civil procedure. This conflict can be illustrated by some specific rules of the KapMuG: its scope of application, the three-tier procedure of a model case procedure, the newly introduced notification of claims and the new opt-out settlement under the amended §§ 17-19.
BASE
In: GPR: Zeitschrift für das Privatrecht der Europäischen Union ; European Union private law review ; revuè de droit privé de l'Union européenne, Band 9, Heft 3
ISSN: 2364-7213, 2193-9519
In: GPR: Zeitschrift für das Privatrecht der Europäischen Union ; European Union private law review ; revuè de droit privé de l'Union européenne, Band 7, Heft 4
ISSN: 2364-7213, 2193-9519
In: JuristenZeitung, Band 63, Heft 20, S. 964
In: GPR: Zeitschrift für das Privatrecht der Europäischen Union ; European Union private law review ; revuè de droit privé de l'Union européenne, Band 4, Heft 1
ISSN: 2364-7213, 2193-9519
In: Law and economics of international telecommunications 25
Lit.
In: Die Aktiengesellschaft (AG) 2013, No. 18, p. 653-662
SSRN
In: The Oxford Handbook of Financial Regulation