Banking Law

Teacher(s)

André-Dumont André-Pierre; Bégasse De Dhaem Pauline;

Language

French

Main themes

The course deals with the legal aspects of the life of a bank in its relation with its clients. The credit institution plays an important role in the development of the economical activity through the traffic of substitute money and the granting of credits to private and business. The course will begin with the exam of the conditions to which the exercise of the activity are submitted. Further the course will analyze the relations between the credit institution and its client through: 1) the account and its functioning (deposit of funds, credit transfer, debit or credit card); 2) the various kinds of credit granted by a credit institution to business; 3) the financing of international commercial operations (letter of comfort, guarantee at first demand, credit letter stand-by, documentary credits, clauses of international contracts, syndicated loans…); 4) the liability of the bank in the frame of its relation with clients as a credit provider or as a supplier of investment services.

Aims

At the end of this learning unit, the student is able to :
1	The course aims to allow the students to acquire a theoretical and practical approach of a field of law which could not be studied in the ordinary program of the courses. The course aims also to prepare the students to assume functions within the banking world , in a bank, a law firm or a public institution. It gives the students practical ant theoretical tools which will allow them to exercise such functions. More specifically, the course will allow the student: - to understand the most important concepts of banking law; - to apply to cases the rules presented during the course; - to discover the links between the economic and financial field and the legal field - appreciate the impact t of the European law in the banking field - be aware of he influence of this area of law on the economic operators, the citizens and the consumers Interdisciplinarity of this subject will be stressed. The course is based on participatory teaching methods (learning through projects or problems, review of the relevant case-law and doctrine, debates with guest speakers, field studies ...) which allow the students to develop independently a critical, forward-looking and inventive look on public international law. Students are encouraged to participate and to get involved in learning, which has both an individual and a collective dimension.

Bibliography

(1) P-E PARTSCH, Droit bancaire et financier européen.Tome 1 - cadre général - les établissements de crédit, 2è édition, Bruxelles, Larcier,  2016. 
(2) D. BUSCH, G. FERRARINI (dir.), European Banking Union, Oxford, Oxford
University Press, 2020. 
(3) Traité pratique du droit commercial, T. V, Droit bancaire et financier,
Wolters Kluwer, 2016.
(4) C. Alter, Droit bancaire général, Bruxelles, Larcier, 2010.

Faculty or entity

BUDR