Faculty of Law Research Research areas
Banking and capital market law

Banking and capital market law

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About the research area

In banking and capital markets law, the focus of research is on the contractual and supervisory duties of banks to provide information and advice. This mainly concerns the areas of investment advice and investment brokerage as well as asset management, but also relates, for example, to the obligations in the granting of loans. In addition, all areas of capital market law are the subject of research, i.e. both market organization and market access law (stock exchange law, prospectus law, etc.) as well as market access follow-up law (insider law, ad hoc publicity, etc.). Other topics include securities acquisition and takeover law, investment law and capital market supervisory law. Furthermore, there is a focus on (civil and regulatory) compliance issues.

Other subjects of research are the law of payment transactions (giro, direct debit, letter of credit, credit card and other forms of card-based payment systems, Pay Pal, e-payment), payment in e-commerce, credit protection law, instructions, the history of money law and cashless payment transactions.

From a competition law perspective, the question arises as to the existence and size of the exemption areas with regard to the German, European and international players in capital market and banking law. In addition, there is the question of market structure in the context of the remaining competence under competition law. The structural questions also arise from the perspective of commercial law. In addition, commercial and corporate law opens up a number of detailed aspects, starting with the players and extending to banking contract law and credit protection law.

In capital market criminal law, the focus is initially on classic criminal conduct. Questions of insider trading, market and price manipulation as well as scalping are the subject of research projects. In addition, the focus is particularly on the area of compliance under criminal law. Individual projects deal with the admissibility of compliance measures, their possible legal anchoring, and the consequences for the criminal and civil liability of corporate management resulting from an effective or defective compliance structure. Finally, the analysis of so-called "internal investigations" (internal investigations; compliance investigations) forms a further, currently highly topical area, in which questions of white-collar criminal law are combined with considerations of capital market and labor law, among other things.

Ongoing research projects

No news available.