Bachelor 2020/2021

Comparative Banking Law

Category 'Best Course for New Knowledge and Skills'

Type: Elective course (Law)

Area of studies: Law

Delivered by: School of Legal Regulation of Business

Where: Faculty of Law

When: 4 year, 3 module

Mode of studies: offline

Instructors: Aleksey Janovich Kurbatov, Aleksander Vishnevskiy

Language: English

ECTS credits: 6

Contact hours: 48

Course Syllabus

Abstract

his course aims to describe the main segments of modern banking law in a comparative perspective, therefore it covers the fundamentals of modern banking regulations in international, regional and national levels, as well as private – contract regulations of the main bening transactions.

Learning Objectives

• The objective of the course is familiarise the students with modern banking regulation both at national and international levels, including soft law of international bodies (Basel Committee, IADI and others), EU Directives, national banking laws of selected countries; contracts involved in banking transactions, bank customer (consumer) protection.

Expected Learning Outcomes

• Students are expected to gain professional understanding of the main sources and institutions of modern banking law;
• Students are expected to gain professional understanding of the legal status of credit institutions, their managing bodies and shareholders;
• Students are expected to gain professional understanding of the main rules regulating banking transactions;
• Students are expected to gain professional understanding of regulatory (registration, licensing, reporting, competition, etc.) rules and requirements with regard to banking activities;
• Students are expected to gain professional understanding of the legal status of regulatory bodies in modern banking;
• Students are expected to gain professional understanding of the customer protection and alternative dispute resolution schemes in banking;

Course Contents

• General Features of Modern Banking Law
  Modern trends in banking law, harmonisation of banking legislation, shift of its paradigma. Main sources of modern banking law, the role of the soft law. The structural parts of modern banking law.
• Credit Institution in Modern Banking Law
  The notion of credit institution, its legal capacity, licensing of its activities, requirements regarding the shareholders and managers of a credit institution, senior managers regime; performance of the public functions by the credit institutions.
• The Bank and the Client, Customer Protection in Modern Banking Law
  The status of the client in bank-customer relations. Informational assymetry, unequal bargaining powers and procedural (dispute-resolution) assymetry. Main EU directives and national laws on customer protection in banking. Financial ombudsman schemes in modern banking systems.
• Regulation and Supervision over the Banking Activities
  Prudential and non-prudential regulation in modern banking law. Supervision over the conduct of credit institutions. Regulatory bodies, different systems of the regulatory bodies in modern banking systems. Soft law of BCBS. Megaregulator versus division between the administrative and economic functions in the banking system. Rules based versus principles based regulation.
• Deposit-Taking in Modern Banking Law
  Deposit contracts in different jurisdictions. Freedom of contract v. state regulation of deposit contracts. Deposit insurance – main EU directives, soft law of IADI, deposit protection schemes in selected jurisdictions.
• Loans in Modern Banking Law
  Loan contract in modern banking law. Standartisation trends, terms and conditions of standard LMA and LMSA loan contracts. Regulated loans in mdern banking law – consumer loans, mortgage loans. EU directives and legislation of selected jurisdictions on consumer credit and mortgages.
• Payment Services in Modern Banking Law
  General trends in payment services. Payment Services Directives. Payment services regulators. Basic bank accounts and payment services for consumers. Payment services in commercial transactions, specific banking payment products (letters of credit).

Assessment Elements

• Attendance of lectures and participation in seminars
• Case analysis – written knowledge assessment during the seminars
• Written exam - essay (online)

Interim Assessment

• Interim assessment (3 module)
  0.2 * Attendance of lectures and participation in seminars + 0.4 * Case analysis – written knowledge assessment during the seminars + 0.4 * Written exam - essay (online)

Bibliography

Recommended Core Bibliography

• Diamanta Sojeva. (2018). Similarities and Differences between the Credit Contract and the Loan Contract in the Banking Law. Acta Universitatis Danubius: Juridica, (2), 25. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.53c41606fe864695a3763fae46c29124
• Maphuti David Tuba. (2017). Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa. Potchefstroom Electronic Law Journal, 1. https://doi.org/10.17159/1727-3781/2017/v20n0a1308

Recommended Additional Bibliography

• Sbarbaro Ferruccio Maria. (2018). The Italian Regulation of the Intra-Group Financial Support Agreement in a Comparative Perspective. Управленец, (1), 24. https://doi.org/10.29141/2218-5003-2018-9-1-4
• Silvia Lucia Cristea. (2015). Juridical Regime of the Interest in the Romanian Law. Particular Case. Comparison between the Regulations of the Remuneratory Interest Versus the Penalizing Interest, in the Romanian Banking Law. Perspectives of Business Law Journal, (1), 121. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.0ecd753091aa4af1b014caf929e37304