700 - BANK LAW
Academic Year 2021/2022
Free text for the University
MANUELA TOLA (Tit.)
- Teaching style
- Lingua Insegnamento
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The course aims at acquiring the student:
A) Knowledge and understanding: 1) legal principles and law applicable to bank activity, to the banking customers relationship in the national and transnational contexts; 2) legal instruments for understanding the main issues related to banking in connections with other disciplines (Cc, ABF, banks crisis).
B) Applying knowledge and understanding: 1) to analyze the phenomenology of banking in connection to the significant changes that affected the banking customers relationship on national, european and international context; 2) for framing problems relating to banking contracts and savers protection, to evaluate on practical also through the examination of Banking and Financial Ombudsman.
C) Making judgment: in assessing the institutes and the cases being studied on the basis of the acquired knowledge
D) Communication Skills to explain correctly and appropriately the acquired knowledge in written and oral form
E) Learning Skills: to continuously update and study in deep the discussed topics
In order to pass the exam knowlwdge of Private Law is important. In particular: general discipline of enterprises, obligations and contracts.
- n. 6 hours:bank and financial system;
- n. 4 hours: bank activity and bank contracts;
- n. 4 hours: banking transparency and banking customers relationship;
- n. 2 hours: la Central credit register;
- n. 10 hours: credit operations;
- n. 10 hours: financial operations;
- n. 4 hours: connected and instrumental banking activities;
- n. 4 hours: banking payement facilities;
- n. 4 hours: alternative dispute resolution scheme for dispute between customer and banks and other financial intermediaries (Banking and Financial Ombudsman);
Contents are the same regardless of the teaching methods (face-to-face lessons or distance teaching, see the following section).
At the beginning of the semester, each student can choose, with a binding choice, for lessons in presence or online. Depending on the availability of the classrooms and the number of students who will choose for the attendance mode, access to the classroom could be subject to shifts
The course is divided into 48 hours, that include frontal lessons on the topics indicated in section "Contents, seminars, Banking and Financial Ombudsman decisions.
For practical activities best execution, experts participation may be envisaged.
In the event of an epidemiological emergency, the practical activities (seminars; discussions on Banking and Financial Ombudsman decisions) may take place on platforms that will be made known at the beginning of the lessons.
Verification of learning
Oral examination aims to verify: a) understanding of arguments set out in "Contents" section; b) ability to argue in the acquired principles application. The exam will be evaluated according to the criteria below.
Attending students could face up to thematic analyzes aimed at discussing practical cases to be taken in the classroom after completing the most part of planned activities. The discussion will not be subject to qualitative judgment and allows only the exemption of the program part from the final verification. The teacher will indicate the students the useful material for thematic discussion.
Non-attending students and attending students who do not intend to face up to thematic analyzes, the evaluation consists of an oral examination on all the topics listed in the "Content" section.
For all students, oral examination is based on understanding and arguing capacity of acquired principles and disciplines.
To pass the exam, the student must demonstrate:
1) knowledge of course contents
2) autonomy of judgment in evaluating institutes and cases examined
3) ability on expression with a legal language
4) identification and application discipline to practical cases
The examination is evaluated according to the following elements:
1) Failure to pass the test: insufficient knowledge of course contents, insufficient evaluation and argumentation skills.
2) 18 to 21: sufficient or just enough preparation; Minimum knowledge of the institutes and the issues faced in the course; Presence of gaps not particularly relevant;
3) 22 to 24: medium preparation characterized by not particularly deepening and gaps available in the further course of the overall training course;
4) 25 to 27: good overall preparation although not particularly thorough; appropriated technical language and ability;
5) 28 to 30: excellent or excellent preparation; accurated and precise technical language and expressive ability;
6) 30 and praise: highest level on preparation, technical lynch, expressive and argumentative.
The informations about examinations and thematic analyzes aimed at discussing practical cases refer to activities to be carried out in the presence. In the event of an epidemiological emergency, the thematic analyzes aimed at discussing practical cases could be take place remotely, through the platforms that will be indicated. Suitable procedure will be communicated to allow attending students to perform it.
AA. VV., L’attività delle banche, a cura di A. Urbani, Cedam, Padova, 2019, limitatamente a:
Parte Prima: Capitolo I; Capitolo II; Capitolo III; Capitolo IV; Capitolo V
Parte Seconda: Capitolo VIII; Capitolo IX; Capitolo X; Capitolo XI
Parte Terza: Capitolo XII; Capitolo XIII; Capitolo XIV; Capitolo XV; Capitolo XVI; Capitolo XVII; Capitolo XVIII; Capitolo XIX; Capitolo XX; Capitolo XXIV; Capitolo XXV; Capitolo XXVI; Capitolo XXVII;
Parte Quarta: Capitolo XXXVI; Capitolo XXXVII; Capitolo XXXVIII; Capitolo XXXIX; Capitolo XL; Capitolo XLII; Capitolo XLIII; Capitolo XLIV; Capitolo XLV
Parte Quinta: Capitolo LII
The use of an updated civil code and the knowledge of the main complementary legislation is also recommended.
During the course it will be indicated the most important innovations on legislation and jurisprudence useful for studying the subjects.