INFORMAZIONI SU

Banking and financial products law

Lecturer

dott. Paolo Polacco ppolacco@spin.it

Credits

9 CFU

Department

Department of Law

Programme

Banking contracts

Sources of banling law; Deposits and other contracts to collect money; Open credit; Advance in current account; Discount of commercial paper and other forms to realize credits; The banking account; Mortgage loans (ordinary and under the specific rules of D.Lvo n.385/93 so called "mutuo fondiario"); Costumer credit; banking securities (noticies): guaranty and guarantor, lien, mortgage, irrevocable mandate to cash, assignment of credit as guaranty; banking transparency: the law and the regulations of Bank of Italy; usurious rates, overdaft fees, compound interests, portability of mortgage loans; the extrajudicial resolution of disputes.

Insurance Contracts
The insurance contract: general rules and different types of insurance; The risk and the premium; Damages insurance; Civil legal liability insurance; Life insurance; Casualty insurance; Transparency in insurance contracts and transparency in the single contract.

Instruments of credit
Instruments of credit in general; cheques (American check) and bank draft.

References

Banking contacts: P. Bontempi, Diritto bancario e finanziario, Giuffrè, Milano, 3rd ed., 2009 (VIII, X, XII , XIII, XIV, XV, XVII chapters only).

Banking Transparency: a lecture note written by prof. M. Lembo will be available.

Insurance contracts: P. Polacco, "Breve commento alla disciplina dei contratti assicurativi" in Stefano Miani, "I prodotti assicurativi", Giappichelli, Torino, 3rd ed. 2010.
We also reccomand a careful reading, in the same book, of the essay by Prof. L. Gaudino regarding the civil legal liability and the critical survey of jurisprudence regarding insurance by prof. V. Giorgi.

Transparency in insurance: the essay by prof. M. Lembo in the abovementioned book.

Instrument of credit: G. PRESTI e M. RESCIGNO, Corso di diritto commerciale, vol. I, Zanichelli, Bologna, 4th ed., 2009 (chapters regarding instruments of credit only).

Recommended websites

For a necessary probing of tbe subject, particularly for transparency, the reference to the websites of Banca d' Italia, ISVAP and CONSOB is requested.
The study of the above mentioned books will be accompanied by the attentive reading of the updated main acts regarding the topics.
The program and the formalities of the esam for attender students could be modified from the teacher at will; a student who is present at 75% of the lessons is considered attender.