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EU Investor Protection Regulation and Liability for Investment Losses

A Comparative Analysis of the Interplay between MiFID & MiFID II and Private Law

Marnix Wallinga

978-3-030-54001-2

2020
Edition 1
- Offers a comprehensive, in-depth analysis of how the MiFID & MiFID II conduct of business rules influence private law concepts determining an investment firm’s liability towards retail investors, such as duty of care, causation, contributory negligence and limitation, under German, Dutch and English law
- Explores two competing approaches to the interaction between the MiFID & MiFID II conduct of business rules and private law concepts governing liability to pay damages – the subordination model and the complementarity model – and ultimately advances the latter as the preferred approach
- Demonstrates how the hybridisation of private law remedies resulting from the complementarity between MiFID & MiFID II and private law can contribute to retail investor protection
€240

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