Titlebook: EU Investor Protection Regulation and Liability for Investment Losses; A Comparative Analys Marnix Wallinga Book 2020 Springer Nature Switz

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MiFID and MiFID II Conduct of Business Rules and Their Relationship with Private Law: The EU Dimensiof these rules in national private law. The potential effect of EU investor protection regulation in national private law is shown to extend to private law concepts which determine whether and, if so, to what extent investment firms can be required to compensate retail investors based on national co

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Implementation of the MiFID and MiFID II Conduct of Business Rules in the Member Statesad out. In addition, the chapter explores how the relationship between the conduct of business rules and redress is shaped within national financial supervision frameworks. Discussed are the perceived nature of the conduct of business rules and whether the frameworks either confer a cause of action

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Contractual Liabilityaw shows that civil courts recognise the indirect effect of the conduct of business rules by acknowledging that these rules influence the normative content of a firm’s duty of care in private law. The chapter analyses how this effect can allow investors to benefit from the detailed prescription by t

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Causatione investment decision had the firm provided adequate information or recommended a suitable transaction. Investors generally bear the burden to prove the existence of the . relationship and, in practice, can experience significant difficulties in discharging this burden. Courts in some legal systems

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2214-2037 ects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view o978-3-030-54003-6978-3-030-54001-2Series ISSN 2214-2037 Series E-ISSN 2214-2045