Bachelor
2021/2022
Comparative Banking Law
Category 'Best Course for Broadening Horizons and Diversity of Knowledge and Skills'
Category 'Best Course for New Knowledge and Skills'
Type:
Elective course
Area of studies:
Law
Delivered by:
Департамент частного права
Where:
Faculty of Law
When:
4 year, 3 module
Mode of studies:
offline
Open to:
students of all HSE University campuses
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 regulatory (registration, licensing, reporting, competition, etc.) rules and requirements with regard to banking activities;
- Students are expected to gain professional understanding of the customer protection and alternative dispute resolution schemes in banking;
- 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 legal status of regulatory bodies in modern banking;
- Students are expected to gain professional understanding of the main rules regulating banking transactions;
- Students are expected to gain professional understanding of the main sources and institutions of modern banking law;
Course Contents
- General Features of Modern Banking Law
- Credit Institution in Modern Banking Law
- The Bank and the Client, Customer Protection in Modern Banking Law
- Regulation and Supervision over the Banking Activities
- Deposit-Taking in Modern Banking Law
- Loans in Modern Banking Law
- Payment Services in Modern Banking Law
Assessment Elements
- Attendance of lectures and participation in seminars
- Case analysis – written knowledge assessment during the seminars
- Written exam - essay (online)
Interim Assessment
- 2021/2022 3rd module0.4 * Written exam - essay (online) + 0.4 * Case analysis – written knowledge assessment during the seminars + 0.2 * Attendance of lectures and participation in seminars
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