European Contract Law in a Changed Banking and Financial Architecture: Stability Design, the Common Good and Private Party Participation

doi:10.1017/9781839704628

European Contract Law in a Changed Banking and Financial Architecture

Stability Design, the Common Good and Private Party Participation

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Edited by Stefan Grundmann, Pietro Sirena

Publisher:: Intersentia
Online publication date:: September 2025
Print publication year:: 2024
Online ISBN:: 9781839704628
DOI:: https://doi.org/10.1017/9781839704628

Subjects:: Law, Jurisprudence

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The European Banking Union forms the answer of the EU to the global financial crisis, strongly increasing own funds basis for more robust credit institutions, installing a recovery and resolution regime with strong planning and preventive measures and opting for the supervisory with the broadest reach, the European Central Bank. The first part of the book - after the design of the overall architecture and a clarification of the main policy lines and theoretical underpinnings - describes the main features of this regime. It does so in particular for recovery tools and their conceptual novelty, focusing on private claims within the regime, namely within deposit guarantee schemes and for liability of supervisory authorities.

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European Contract Law in a Changed Banking and Financial Architecture

Stability Design, the Common Good and Private Party Participation

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Frontmatter
pp i-iv

Contents
pp ix-xii

List of Cases
pp ix-xii

List of Authors
pp xiii-xx

Part I - Architecture
pp 1-2

Chapter 1 - European Contract Law and the Common Good plus Private Party Participation in the EU Banking Union
pp 3-36

Part I - Stability Regime of the Eu Banking Union
pp 37-38

Chapter 2 - Pre-Insolvency in the Bank Recovery and Resolution Directive
pp 39-60

Chapter 3 - The Transformation of Property Rights in Corporate Insolvency and Bank Resolution
pp 61-90

Chapter 4 - Deposit Guarantee Schemes: Towards Harmonisation through the EU?
pp 91-112

Chapter 5 - Civil Liability of National Financial Supervisory Authorities
pp 113-134

Part III - Common Good and Participation Regime for Private Parties
pp 135-136

Chapter 6 - Responsible Lending
pp 137-166

Chapter 7 - Bank Codes of Conduct and European Contract Law
pp 167-180

Chapter 8 - Individual Protection Goals in EU Banking Regulation – A Process Towards Private Law Enforcement
pp 181-222

Chapter 9 - Alternative Dispute Resolution Systems in the Banking and Financial Markets
pp 223-236

Chapter 10 - Foreign Currency Loans under Polish Law
pp 237-252

Index
pp 253-257

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European Contract Law in a Changed Banking and Financial Architecture

Stability Design, the Common Good and Private Party Participation

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