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What role for courts in protecting investors in Europe: a view from Finland

Marjosola, Heikki (2014) What role for courts in protecting investors in Europe: a view from Finland. European Review of Contract Law, 10 (4). pp. 545-570. ISSN 1614-9920

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Identification Number: 10.1515/ercl-2014-0024

Abstract

Using Finnish case law on complex financial products as an example, this paper deals with the question of what role national courts could, and indeed should, have in the future disputes between investment firms and their clients, given that their private law relationship is embedded in an increasingly self-sufficient EU rulebook. Will there be room for principles deriving from national private law, or could the courts take a more active role in interpreting principles deriving from the MiFID itself? The paper argues that national courts should complement the ‘administrative paradigm’ of the European Union’s financial services law, enhanced by the new MiFID regime, with a more principles-based enforcement.

Item Type: Article
Official URL: https://www.degruyter.com/view/j/ercl
Additional Information: © 2014 Walter de Gruyter GmbH
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 04 Jan 2017 09:52
Last Modified: 22 Jul 2020 23:31
URI: http://eprints.lse.ac.uk/id/eprint/68721

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