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This very useful volume provides a ‘ground up’ survey, from a business law
point of view, of the concept of finance as a vital component of the economic
structure of the European Communities. In deeply informed detail it describes
the architecture of the financial system, its institutions (banks, stock
exchanges, etc.), the variety of financial instruments, the progress of
liberalisation and harmonisation initiatives in Europe, relevant EC
legislation, regulation of capital markets and securities, the development of
international financial law, and the management of legal risk. The authors are
all outstanding authorities in the field, with extensive experience both as
practitioners and academics in many European countries and elsewhere in the
world. The essays in this book grew out of lecture courses delivered under the
auspices of the PALLAS Consortium organised by nine universities in seven EU
Member States. Among the wealth of material covered, the reader will find,
among much else, precise and interrelated explanations of the following:
• the transferring, sharing and insuring of risks;
• relevant contractual arrangements;
• the intermediation and distribution functions of financial institutions;
• primary markets versus secondary markets;
• money markets versus capital markets;
• stock market ‘players’;
• the role of letters of credit;
• pension funds; and
• the management of payment systems;
The book is especially valuable for its middle way between a ‘top down’ EU
regulatory perspective and a strictly national framework—a method that
supports and reinforces a practice-oriented approach corresponding to the
‘real world’ in which domestic and cross-border aspects of financial services
are inevitably intertwined. Practitioners and business law students will find
the book extraordinarily useful for its expert guidance and insight in
clarifying many situations involving financial services and in resolving
typical problems.
Foreword. Chapter 1. The Financial System and Institutions G
ustavo Visentini and Mirta Musolino Chapter 2. Financial Services
in the EU: Harmonization and Liberalization Martijn van Empel
Chapter 3. Capital Markets Paul Sebastianutti Chapter 4.
Funding and Security S. Sami H. Chowdhury Chapter 5. Letters of
Credit in a Trade Finance Perspective Lars Gorton Chapter 6.
Retail Payments in the EU Martijn van Empel Contributors. Index