This paper aims to analyze the relation between business models, quality of governance and performance achieved by banks during the period 2005-2008. Coherently with a substantial literature which has spent its effort on researching for the relation between quality of governance and banks’...

The legislative indications in terms of self-regulation have remained largely unheeded and typical features of the codes of conduct have not been sufficiently exploited. A new trend in the direction of strengthening the relevant self-regulatory experiences is therefore necessary

The discipline of unfair commercial practices is outside the competences of Banking and Financial Ombudsman, thereby implying the obligation of the parties, in negotiations and in the definition of contracts, to act in good faith

In the consultations undertaken by the Eu Commission on the implementation and revision of the Commercial Practices Directive, the Italian Banking Association has proposed observations and suggestions, in particular concerning the notion of «average consumer» and the definition of «commercial...

A higher level of judicial protection in the field of unfair commercial practices can be achieved by a stronger harmonization of Eu rules and procedures, even with soft law instruments, such as interpretative communications on the principles of the discipline

National regulation implementing in Italy the Ec Directive on mediation defines it as a condition of admissibility for the initiation or continuation of judicial proceedings. In particular, the compulsory recourse to mediation is an important aspect of the new Italian regulation on the liability...

Many alternative dispute resolution mechanisms operating outside the regular court system are active in the field of civil cases and in particular in that of dispute resolution over banking and financial issues: e.g. Conciliatore Bancario, Ombudsman, Consob’s Chamber of settlement and...

The recent Italian bankruptcy law reform has innovated the preinsolvency system for corporate crisis management, particularly with regard to debt restructuring agreements aimed to facilitate business continuity. The innovations do not actually represent a structural intervention and are likely...

In order to combat against the phenomenon of tax evasion, the Government has to make choices that imply a significant change of its traditional modus operandi with regard to firms with large debts and tax liabilities

The logical path traced by court decisions confirms the principle that the return obligation arises only when the revocation court decision becomes final.Therefore a provisional enforcement, after the first instance ruling, is not conceivable