Work

The Knock-On Effect of Financial Supervision Law in Civil Liability Law

Year: 2024

Type: article

Abstract: The heavy stamp that financial supervision law has come to put on the regulation of the financial sector has made the relationship between public and private law in this domain increasingly complex. The most pressing question in theory and practice in this respect is to what extent financial supervision law has a knock-on effect in civil law. This contribution discusses the effects of financial supervision law on civil liability law and distinguishes three types of knock-on effect: (i) financial supervision law itself contains rules of civil liability law; (ii) the knock-on effect of financial supervision law through national civil liability law; (iii) EU financial supervision law, whether or not, in combination with the EU effectiveness principle and the EU principle of legal certainty, imposes certain preconditions on national civil liability law.

Source: Journal of European Tort Law

DOI: 10.1515/jetl-2024-0013

Author: Danny Busch

Institutions: Radboud University Nijmegen, Université Côte d'Azur, University of Oxford

Language: English

Topic: Global Financial Regulation and Crises

Subfield: Finance

Field: Economics, Econometrics and Finance

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $2,489