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Freedom of contract is a fundamental principle of European Union law, a necessary condition for exercising the freedom to choose an occupation and the freedom to conduct a business. Since the global financial crisis, a vast body of regulatory rules has been developed, and freedom of contract of banks and other financial institutions is being restricted, often to protect the weaker party or achieve public policy goals.
Freedom of Contract in the European Financial Sector provides a robust analysis of freedom of contract and its restrictions in the European financial sector. Covering EU financial supervision law, general EU law, contract law, and consumer law, this book examines how the interplay between freedom of contract and the protection of the weaker party and the promotion of other public interests impacts banks and other financial institutions.
Timely and thought-provoking, this book explores fundamental legal principles and their practical implications that will be highly relevant to scholars and practitioners not only in the EU, but also in the UK, the US, Switzerland, Singapore, and Hong Kong.
List of contents
- 1: Introduction
- 2: Duties of Refusal and the Weaker Party
- 3: Duties of Refusal, Integrity Risks, Human Rights, and the Environment
- 4: Duty to Contract and the Weaker Party
- 5: Duty to Contract and Financial Stability
- 6: Restriction of Freedom of Contract and Contract Content
- 7: Contract Termination, Integrity Risks, Human Rights, and the Environment
- 8: Concluding Remarks
About the author
Danny Busch holds the Financial Law Chair and is the founding Director of the Financial Law Centre (FLC) Radboud University, Nijmegen, The Netherlands. He is an elected member of the European Academy of Sciences, a Deputy Justice in the Amsterdam Court of Appeal, and a member of the Appeals Committee of the Dutch Financial Services Complaints Institute. Professor Busch has published more than 300 books and articles, and his work has been published in English, German, French, Italian, Japanese, Czech and Dutch. After practising as an attorney-in-law for more than 8 years, he has held invited Professorships and Research Fellowships at the University of Oxford (Harris Manchester College), the National University of Singapore, Université de Nice Côte d'Azur, Università Cattolica del Sacro Cuore di Milano and Università degli studi di Genova.
