After rejecting the relevance of capital market law, the ruling holds the bank liable for placing diamonds for violating an obligation to protect the client stemming from the general obligation to act in good faith. This obligation to protect is based on the fiduciary relationship between the bank and the client, which in turn is based on the reputation enjoyed by banks as institutions. The note discusses some alternative legal frameworks and joins to the solution offered by the ruling, which is discussed in its systematic foundations.
Girardi, I., Un diamante è per sempre? Collocamento di pietre preziose e responsabilità della banca, <<BANCA BORSA TITOLI DI CREDITO>>, 2022; 2022 (1): 90-104 [http://hdl.handle.net/10807/203702]
Un diamante è per sempre? Collocamento di pietre preziose e responsabilità della banca
Girardi, Isacco
2022
Abstract
After rejecting the relevance of capital market law, the ruling holds the bank liable for placing diamonds for violating an obligation to protect the client stemming from the general obligation to act in good faith. This obligation to protect is based on the fiduciary relationship between the bank and the client, which in turn is based on the reputation enjoyed by banks as institutions. The note discusses some alternative legal frameworks and joins to the solution offered by the ruling, which is discussed in its systematic foundations.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.