Liability of the Financial Institution from the violation of its responsibilities concerning the pre-contractual information of the candidate investor according to MIFID II (2014/65/EC)

Postgraduate Thesis uoadl:2680594 543 Read counter

Unit:
Κατεύθυνση Αστικό Δίκαιο και Σύγχρονες Οικονομικές Συναλλαγές
Library of the School of Law
Deposit date:
2018-03-03
Year:
2018
Author:
Kargioti Angeliki
Supervisors info:
Λέκκας Γεώργιος, Αναπληρωτής Καθηγητής,Νομική Σχολή, ΕΚΠΑ
Τσολακίδης Ζαφείριος, Επίκουρος Καθηγητής,Νομική Σχολή, ΕΚΠΑ
Καραγιάννης Κωνσταντίνος, Λέκτορας, Νοκική Σχολή, ΕΚΠΑ
Original Title:
Αστική ευθύνη του Πιστωτικού Ιδρύματος εκ της παραβίασης των υποχρεώσεων προσυμβατικής ενημέρωσης του υποψήφιου επενδυτή στο πλαίσιο της MiFID II ( 2014/65/ΕΕ)
Languages:
Greek
Translated title:
Liability of the Financial Institution from the violation of its responsibilities concerning the pre-contractual information of the candidate investor according to MIFID II (2014/65/EC)
Summary:
Target goal of the present thesis is the research of the possible responsibility against the Financial Institution from the violation of the responsibilities concerning th pre-contractual information of the candidate investor according to N. 3606/2007, known as MIFID, applied to markets of Financial Instruments and the protection of the investor, and most importantly the changes brought to the present legal world in this sector, by the passage and implementation in the greek legal system of the new European Directive (2014/65/EC), known as MIFID II, which will banish and replace the former law. Furthermore, we will look into the function of these responsibilities in the general system of the Greek Civil Code and as specializations of the principle of good faith.
More specifically, we will examine the specialised reponsibility of negociations, according to Articles 197-198 of the Greek Civil Code and its possible existence, so that the Financial Institution will be urged to compensate the damaged investors due to the violation of its pre-contractual information, according to this legal basis. In the First Part of the essay, the general requirements of the responibility, we' ll be presented, specified to the sector of providing investment services from the Bank to the Investor. Detailed we'll be the presentation of the specified requirement of the violation of the informative obligations, fact that leads to the existence of the requirement of the "illegal".
In the Second Part, we will analyse in what the compensation consists of, in the basis of the responsibility of the negociations, when the other legal necessary requirements are fullfilled, and as one of its consiquences. Furthermore, we will seek any other possible legal bases in which the responsibility for compensation of the Bank can be supported and more specifically the tort responsibility (Article 914) and the contractual reponsibility, which are mentioned in the majority of the Greek Court Decisions, when it comes to responsibility of the Financial Institution for damage.
Main subject category:
Law and Legislation
Other subject categories:
Civil Law
Keywords:
Liability, MIFID, Information of the Investor
Index:
No
Number of index pages:
0
Contains images:
No
Number of references:
41
Number of pages:
56
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