Suchergebnisse

Intro -- Foreword -- Acknowledgements -- Contents -- Abbreviations -- Table of Cases -- Table of Legislation -- Table of Acts of International, European and National Competent Authorities -- Introduction -- 1. The Rise of EU Investor Protection Regulation and the Role of Private Law -- I. Harmonisation in EU Securities Markets: From Liberalisation to Regulation -- II. The Development of EU Investor Protection Regulation -- III. Protecting Investors without Private Law: The Reasons for (The Lack of) Private Law Harmonisation -- IV. Bridging EU Conduct of Business Rules and National Private Law via EU General Principles -- V. The Interplay between EU Sectoral Regulation and National General Private Law: Towards Hybridisation of National Private Law? -- VI. Preliminary Conclusion -- 2. Regulatory Design of MiFID II's Conduct of Business Rules -- I. Rationales of Conduct of Business Rules -- II. The Scope of Conduct of Business Rules -- III. The Clients' Categorisation Rules -- IV. Regulating Investment Firms' Conduct -- V. Private Law Duties and Remedies (in the Shadow of) MiFID II -- VI. National Conduct of Business Rules -- VII. Preliminary Conclusion -- 3. Civil Law Effects of Esma's 'Conduct of Business Handbook' -- I. Conduct Supervision and Private Law: The Issues at Stake -- II. ESMA's Institutional Design -- III. ESMA's 'Conduct of Business Handbook' -- IV. National Supervisory Models -- V. A Comparative Assessment -- VI. Shaping Private Law Through Supervisory Standards -- VII. Preliminary Conclusion -- 4. Civil Law Effects of Conduct of Business Rules in Out-of-Court Proceedings -- I. Out-of-Court Retail Dispute Resolution in EU Law -- II. The EU Regulatory Framework -- III. National Out-of-Court Dispute Resolution Mechanisms -- IV. Adjudicative Approach -- V. A Comparative Assessment -- VI. Preliminary Conclusion.

"In the wake of the global financial crisis, investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure, distribution and product governance rules to strengthen the protection of investors but, like MiFID I, did not harmonise the civil law consequences for their violation. This book asks whether, in spite of the silence of the EU legislators, the MiFID II conduct of business rules may produce civil law effects, enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms. Building on the case law of the CJEU, the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy, and what remedies would be compatible with EU law. MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policy-makers and legal practitioners working in the field of investor protection regulation and mis-selling litigation."--Bloomsbury Publishing

Architectural structures are often found in both in the monumen- tal and in the easel painting of Siena in the 15th century, but it is in the predella polyptychs that they enter into dialogue with human figures, creating harmo- nious compositions or original contrasts. In some works, they serve as a deco- rative background for narrative scenes, while in others they become integral parts of them. This article demonstrates that, despite the strong attachment of the Sienese artists of the Quattrocento era to the medieval tradition, it is in the predella polyptychs of the 15th century that innovations in the field of depicting architectural structures are adopted. Through the examination of a number of scenes from the predella of the sienese polyptychs, it became obvious that it was in the architectura picta that artists had greater freedom and depicted architec- tural innovations that had not yet been reflected in actual Sienese architecture. There are many predella fragments depicting architectural structures, but they have not been fully documented. The brief excursion reported in this study aims to review the most representative samples, organize them chronologically and analyze their evolution through almost the entire 15th century.