No. 47 - Study papers on banking and finance – 1996

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by P. De Vecchis, G. L. Carriero, O. Capolino, M. Mancini and R. D'Ambrosio December 1997

This issue of Quaderni di ricerca giuridica gathers a series of papers given on various occasions by members of the Bank’s legal team, covering a number of topics related to the law on banking and finance. The first paper is by Pietro De Vecchis and is entitled ‘La tutela degli interessi protetti dalle norme sulla concorrenza nell’ordinamento italiano’ (The safeguards embodied in Italian competition laws); it examines the sources of the law on competition, the parties it directly or indirectly safeguards, the interests that are safeguarded and the instruments used to do so. This is followed by the paper ‘Norme di protezione dell’utente dei servizi bancari e finanziari: taluni effetti economici’ (Protection of users of banking and financial services: some economic effects) by Leonardo Carriero, which begins by examining the primary and secondary legislation in regard, finding two separate sets of regulations: on transparency and on the re-establishment of a balanced relationship. Some economic effects are highlighted and a conclusion is reached regarding the role of public sector intervention, which must take into account such effects and the repercussions on competition. Olina Capolino’s paper ‘Responsabilità delle banche nell’insolvenza dell’impresa: revoca degli affidamenti e ricorso abusivo al credito’ (The responsibility of banks in corporate failures: cancellation of loans and wrongful use of credit) analyzes the numerous forms of conduct that can entail the responsibility of the lending banks (cancellation of loans and wrongful use of credit being the most important forms), among other in view of the principle of good faith governing the business of lending. The paper by Marco Mancini ‘Dall’ordinativo diretto al mandato di pagamento informatico’ (From direct order to only payment order) discusses the reasons and the inspiration for the reform of public expenditure procedures, in particular the rules governing online payment orders. The last paper in the series is by Raffaele D’Ambrosio, entitled ‘Il ruolo della Banca d’Italia nella lotta al riciclaggio ed all’usura’ (The Bank of Italy’s role in combating money laundering and usury), looks at how the Bank performs functions not specifically assigned to it by the relative laws and at the importance of information exchanges with the judicial authorities.

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