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Bank recovery and resolution

Bank recovery and resolution



While some may claim that the European debt crisis is over, many European legislative instruments directed at crisis management in the banking sector, including Banking Union legislation, are still pending enactment. These legislative instruments, once enacted, will bring about an unprecedented harmonization of European bank insolvency law. Also, a multitude of legal disputes following the nationalization of SNS Reaal, the fourth largest bank in the Netherlands, in February 2013, are still unresolved. On 23 May 2013, the Hazelhoff Centre for Financial Law at Leiden Law School and the Netherlands Association for Comparative and International Insolvency Law (NACIIL) organized a conference on the highly topical theme of recovery and resolution of credit institutions and investment firms. The key question to which answers were sought during this conference was: `Which rules should govern banks in difficulties? This question has also been the Hazelhoff Centre for Financial Laws research theme for the past two years. The Hazelhoff Financial Law Series intends to deepen and further the debate on topical issues of financial law. It represents key results of the work of the Hazelhoff Centre for Financial Law at Leiden Law School. We understand financial law to encompass, inter alia, the legal aspects of financial supervision, the organization, functioning and regulation of financial markets, securities and finance transactions, market abuse, payments and payment systems, duties of care in the banking sector and bank insolvency. Another key characteristic of the work of the Hazelhoff Centre for Financial Law is our focus on the international dimension of financial law. Should you share our enthusiasm in any of these areas of the law, we are confident that you will find much of interest in the present volume.

EPUB versie: ePub 2




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Euro 44.99


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Sukuk structures

Sukuk structures




Omar Salah

This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved. The author explains the fundamentals of Islamic finance and analyses Islamic contract, property, corporate and finance law. He describes how Islamic finance principles such as riba (in short: prohibition on interest) and gharar (avoidance of contractual uncertainty) have contributed to the development of Islamic finance contracts. The author examines the legal structure of sukuk transactions and the applicable Islamic finance rules. He then scrutinises three main sukuk transactions (the sukuk al-musharaka, the sukuk al-murabaha and the sukuk al-ijarah) under Dutch private law, mainly focussing on Dutch contract, property, insolvency and corporate law. The author concludes that there are no legal obstacles to introducing Islamic finance in the Netherlands. This work is of interest to academics and practitioners in the field of banking and finance law.

EPUB versie: ePub 2




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Euro 49.99


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Warnings and product liability / 2 Civilology

Warnings and product liability / 2 Civilology




Sanne Barbara Pape

European Union citizens are injured each year whilst using products. Product liability law can contribute to preventing such damage by the way in which liability requirements in the context of warnings are framed and applied.Underlying these warning issues is a number of legal presumptions about how humans behave and interact with products and with their warnings. Primarily, liability law presumes that warnings can be effective in modifying user behaviour. Relative to this is the manner in which courts or litigants evaluate product warnings in European product liability law. To rule more consistently and effectively in warning issues, a solution resides in the use of guidelines in European product liability law that are based on empirical evidence on how humans interact with warnings. The author undertakes a behavioural approach towards the topic of warnings and product liability. Insights from cognitive psychology and ergonomics are essential for a thorough legal analysis of warnings as they can shed light on people's abilities and limitations with regard to processing warning information, as well as on how the design of products can contribute to preventing accidents.

EPUB versie: ePub 2




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Euro 52.99


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