+39 02 87250362 | +39 02 87250363 | fax +39 02 4690810 segreteria@studiomaffeis.eu
Law and Practice of the Financial Marke

Law and Practice of the Financial Marke

by

INDEXlaw-and-practice-of-the-financial-market

CHAPTER I TUB WORLD AND TUF WORLD: THE FINANCIAL MARKET BETWEEN CREDIT CONTRACTS AND INVESTMENT ACTS
1. Diversity of Forms and Plurality of Banking Regulations in the Global Market and in Pluralistic Society 3
2. Directive 2014/17/EU: Exchange Rate and Interest Rate Risks and the Value of the Random Component in Consumer Mortgage Credits 32
3. The financing agreement excludes the occurrence of so-called negative interest rates and requires the replacement, through either a conventional or judicial process, of the externally set parameter that has become durably negative 47

CHAPTER II THE ACTS AND THE ORGANIZATION OF THE BROKERAGE ACTIVITY
1. Information Forms, Care of Interest and Activity Organization in the Provision of Investment Services 57
2. The nature and structure of investment contracts 99

CHAPTER III THE FORMS AND EVIDENCE OF ORDERS
1. Investment services: the burden of proof of placing individual trading orders 133
2. Online payment and investment orders in the substantive case law and the ABF’s dynamic persuasive source 143

CHAPTER IV CONFLICT SITUATIONS AND ACTIONS OF INTERMEDIARIES AGAINST CLIENTS’ INTERESTS
1. Against the Abolishing Interpretation of Preventive Regulation of Conflict of Interest (and Other Risks) in the Provision of Investment Services 161
2. Preventive Disciplines in Investment Services: the Joint Sections and the Night (of Investors) When All Cows Are Black 187
3. Substance and Precision in MiFID Regulation of Conflict of Interest 205
4. Conflict of Interest and Investor Protection 232
5. Intermediary versus investor: over-the-counter derivatives 254

CHAPTER V DERIVATIVE CONTRACTS
1. Item Derivative contracts 275
2. The seasons of horror in Europe: from Frankenstein to derivatives 303
3. Implicit costs in the Interest Rate Swap 335
4. Homo oeconomicus, homo ludens: the Unstoppable Rise of the Alien Variant of a Marginal Type, the Legally Authorized Bet (art. 1935 c.c.) 359
5. The Private Law Practice of the Intermediary and Over-the-Counter Derivative Contracts as Rational Bets 384
6. Transparency and depth of the over-the-counter derivatives market 409
7. Legal Uncertainty and Risk Calculation in the Legally Authorized Swap Bet 433

CHAPTER VI EMBEDDED DERIVATIVES
1. Embedded derivatives are derivatives and affect the civil law qualification of financing contracts 463

Publications in the years 1999-1993

by

The publications of Prof. Adv. Daniele Maffeis

1999

  • “Illicit or immoral contracts and restitution,” Series of Private Law Studies of the University of Milan, Giuffrè Editore, Milan, 1999

1998

  • “Subcontracting” (collected volume) edited by Giorgio De Nova, Milan, 1998
  • “Administration of electricity and vexatiousness of clauses,” in Contratti, 1998
  • “The validity of lease backs in the jurisprudence of legitimacy,” in Banche e Banchieri, 1998
  • “Nature of electricity supply and prior inhibition of unfair terms,” in Contratti, 1998

1997

  • “The Conflict Between Formality and Deviation from the Type Regulation,” in Contratti, 1997

1996

  • “Private autonomy, voluntary formalism, and contract nullity,” in Contratti, 1996
  • “Surety form and limitation of the guarantor’s ability to raise exceptions,” in Banche e banchieri, 1996

1994

  • “Terminationand Withdrawal in Consumer Financing Contracts,” in “Withdrawal and Termination in Contracts,” edited by Giorgio De Nova, Milan, 1994
  • “Subject matter of the lease contract and damages,” in Contratti, 1994
  • “Analysis in the abstract and in practice of the validity of lease back,” in Contratti, 1994
  • “Political party financing and good faith in the performance of a contract,” in Contratti, 1994
  • “Non-transferable or non-payable promissory note?“, in Banche e banchieri, 1994

1993

  • “Lease termination, guarantee mechanism and asset return,” in Contratti, 1993

Publications in the year 2000

by

The publications of Prof. Adv. Daniele Maffeis

  • “Commentary on Articles 79 – 81 Civil Code of the promise of marriage,” in Utet Hypertext Code to the Civil Code, Codice ipertestuale Utet al codice civile, a cura di C. Granelli, M. Confortini, G. Bonilini, Turin, 2000
  • “Telephone service contracts,” in “Consumatori, contratti, conflittualità,” edited by C. Vaccà, Milan, 2000
  • “The modification of consumer contract regulations,” in Contratti, 2000
  • “Subjective Scope of Application of Articles 1469a et seq. of the Civil Code,” in Contratti, 2000

Publications in the years 2002-2001

by

The publications of Prof. Adv. Daniele Maffeis

  • “Conflict of Interest in Contract and Remedies,” Collana degli Studi di Diritto Privato dell’Università di Milano, Giuffrè Editore, Milan, 2002
  • “Bank anatocism and customer’s recovery of interest,” in Contratti, 2001
  • “A problem on the subject of invalidity or dissolution of an executed contract: the statute of limitations for actions for repetition,” in Rivista di diritto privato, 2001

Publications in the year 2003

by

The publications of Prof. Adv. Daniele Maffeis

  • “Abuse of economic dependence and gross unfairness of payment terms agreement,” in Contratti, 2003
  • “The new conflict of interest of directors of publicly traded companies and limited liability companies: (some) initial observations,” in Rivista di diritto privato, 2003
  • “The Requirements for the Validity of the Self-Contract,” in Rivista di diritto civile, 2003
  • “Promise of ratification and liability of the falsus procurator,” in Corriere giuridico, 2003