Chinese banking system gradually opens to the global economy. The role of foreign banks inPeople’s Republic of China and activity of Chinese banks abroad is rising. The aims of the paperare to ...present the evolution and internalization of Chinese banking system and to identify factorsthat influence this processes. Additionally the paper outlines the challenges facing Chinese banks.
The article emphasizes the need to ensure special protection by consumer law of persons excluded from the banking services market. The author analyzes French and Polish regulations counteracting this ...phenomenon. The considerations presented in the article are a reflection on the need for special protection of the weaker group of service recipients of banking services. The author’s reference point in this respect is the French legal regulations, which took the form of the Monetary and Financial Code and the Consumer Code.
In this paper we attempt to find the differences between the Credit Contract and the Loan Contract in the Banking Law. Banking business practices have played a role in conditioning the creation and ...amendment of a series of contracts that specifically regulate business relationships between the bank and its clients. As a result of these relationships, it appears that in the legal practice from the terminological context some contracts with the same designation are perceived contrarily. Such case has to do with the loan contract. We find the differences that characterize this contract in certain jobs relate to the subject of the loan. On the other hand, in banking business practice, the term loans and loans to loan contracts are not clearly distinguishable with clarity. The evidence also suggests that compiled legislation, including the national one, regulates this issue with a legal framework for the relationship of obligations, yet again, perhaps this is not sufficient. According to the analysis conducted we can conclude that since we are dealing not only with contracts with substantive differences but also with the same contract that differentiates in the part of the contracted object, the banking law doctrine should address these elements so that the differences between the mare clear by including in terms of terminology.
Law No. 193/2000 on unfair terms in contracts between traders and consumers does not refer to the lesion as a legal remedy for the contractual imbalance created by such clauses. However, it is ...considered that these abusive clauses are a facet of the lesion, which implies an original contractual imbalance. However, the opinion was also expressed that the lesion cannot be invoked in the case of a consumer lending contract because such a contract is unilateral and the lesion entails the existence of a bilateral legal act. This article aims to determine to what extent the lesion can be invoked and used in the case of abusive clauses inserted into bank contracts.
The price of European Union Allowances (EUAs) has been declining at far lower levels than expected during Phase I (2005-2007). Previous literature identifies among its main explanations ...over-allocation concerns, early abatement efforts in 2005, and possibly decreasing abatement costs in 2006. We advocate low allowance prices may also be explained by banking restrictions between 2007 and 2008. Based on a Hotelling-CAPM analysis, we provide statistical evidence that the French and Polish decisions to ban banking contribute to the explanation of low EUA Phase I prices. Besides, we provide the first rigorous empirical verification that the cost-of-carry relationship between EUA spot and futures prices for delivery during Phase II does not hold after the enforcement of the inter-period banking restrictions. This situation may be interpreted as a sacrifice of the temporal flexibility offered to industrials in Phase I to correct design inefficiencies, and achieve an efficient price pattern in Phase II.
The topic of this Special Issue of the Journal of International Economic Law is the Basel Committee on Banking Supervision (BCBS or Committee) and its place in international economic law and ...governance. Created in 1974, the Committee's single most important output is the Basel Accord, setting out capital requirements for banks. The first version of the Accord was concluded in 1988 ('Basel I'), now thirty years ago, and revised in 2004 ('Basel II'). A decade ago, the global financial crisis prompted further and deeper reforms to the Accord itself ('Basel III'), as well as relevant institutional changes both inside and outside the Committee.
The secondary data was collected from the Reserve Bank of India (RBI) website and applied a multiple regression was used to establish an empirical relationship between institutional variables and ...NPAs of scheduled commercial banks. ...the Cash Reserve Ratio and Repo Rate should be maintained at an optimal level from time to time based on the liquidity position of the economy and inflation to control the NPAs of commercial banks. ...the Government has taken steps to address the bad loan problem like the NPAs ordinance giving the RBI more power to direct banks to take action against the loan defaulters and the passage of Insolvency and Bankruptcy Code (IBC). Sofoklis and Eftychia (2011) found that inflation, unemployment rate, external debt to gross domestic product, money supply and investment with construction expenditure jointly with country's (Greek) crises specific variables influences the credit risk of banking system on the basis of univariate regression.
The COVID-19 pandemic has caused a delay in national economic development, among other factors. Covid-19's global spread has had a direct or indirect impact on debtors' ability and capability to meet ...their installment or financing obligations to banks, resulting in Non-Performing Loans (NPLs). The purpose of this study was to determine countercyclical banking policy on economic sustainability in the covid-19 pandemic outbreak. This research method uses the Normative Juridical Approach used in this study by analyzing the norms in the legislation to find the truth based on scientific logic from the normative side to find a coherent truth. The results of this study can also be used as an excuse for overmacht credit among credit debtors to delay debtor credit payments to banks until the economy recovers. Several government regulations have stipulated that banks must defer debtor obligations; however, the debtor is still required to make payments to the bank.
Starting from the observation of an increased politicisation of the financial regulatory debate, the article analyse how this might impact the relationship between the European Union (EU) and the ...Basel Committee on Banking Supervision. The article first describes transnational financial networks after the global crisis and the shift from trust in technocratic autonomy to distrust and politicisation. It then turns to examine the legal bases for the participation of EU institutions in the Basel standard-setting process, discussing the challenges posed under EU law. The last part of the research focusses on the European Parliament’s attempts to become an active player in the transnational financial regulatory arena and on the role it might play to enhance the democratic legitimacy of the Basel process., Starting from the observation of an increased politicisation of the financial regulatory debate, the article analyse how this might impact the relationship between the European Union (EU) and the Basel Committee on Banking Supervision. The article first describes transnational financial networks after the global crisis and the shift from trust in technocratic autonomy to distrust and politicisation. It then turns to examine the legal bases for the participation of EU institutions in the Basel standard-setting process, discussing the challenges posed under EU law. The last part of the research focusses on the European Parliament's attempts to become an active player in the transnational financial regulatory arena and on the role it might play to enhance the democratic legitimacy of the Basel process.
The debates around financial services regulation are fierce and unending, and with every new development or law, rigid positions seem to grow. In this insightful new book, expert author John A. ...Consiglio discusses developments in this vital part of the wide world of finance.
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