European Contract Law in the Banking and Financial Union

by Grundmann, Stefan; Sirena, Pietro

• ISBN13: 9781780686622
• ISBN10: 1780686625
• Edition: 1st
• Format: Paperback
• Copyright: 2023-11-22
• Publisher: Intersentia

Summary

The European Banking Union, with its own EU supervisory institutions such as the ECB, has had us forget that banking law mainly consists of transactions with and between clients. It is to a large extent (European) contract law. This volume investigates how the post-crisis supervisory regime of the EU and the Eurozone impacts on bank managers' duties and on market transactions: in their relationship to the large range of stakeholders, including the public as such, in current lending and investment transactions, in the phase of recovery and resolution (with bail-ins triggering changes of contractual rights), but also in adjudication, namely in banking related ADR schemes. It concludes with a look at the ongoing endeavour to extend the banking union to a capital market and more generally a financial union.

Author Biography

Prof. Dr. Stefan Grundmann (LL.M.) has held the chair for German, European and International Private Law at Humboldt-University since 2004. As of September 2013, he is professor for transnational law at the European University Institute (Florence), retaining, however, also the chair at Humboldt University. He has been visiting professor at King's College London, at the Rome I University, 'La Sapienza' and LUISS , at Oxford and Cambridge University, at Herzlya University (Tel-Aviv), at N.Y.U. and Harvard University. He is founding president and current president of the Society of European Contract Law (SECOLA). He is co-founder and president (of the steering committee) of the European Law School (Berlin/London/Paris/Rome) and director of several institutes in the universities where he holds or held chairs. He is member of the board of the German Society of Comparative Law. Moreover, he is member of the European Law Institute and also member of its council. His research interests include contract law, company and banking law, legal theory, always including comparative and European Private Law. He is (co-) editor of several journals including the "European Review of Contract Law" (editor-in-chief).