This book provides a thorough and up-to-date account of what is state-of-the-art in the field of contracts relating to selected financial services such as insurance, loans and payments services. It also explores the resolution of disputes arising out of such contracts by ADR bodies in Europe, at national and EU level. In parallel with offering a comparative survey of the most recent legal developments in Europe, the book sheds light on the significance of financial ombudsman bodies for the efficient resolving of consumer disputes. Further, the book illustrates solutions and policies aimed at ensuring a high level of consumer financial education.
| Foreword |
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ix | |
| Preface |
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xi | |
| Notes on Contributors |
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xii | |
| Introduction: Financial Consumers, Complex Contractual Products, and Dispute Resolution - Setting the Scene |
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1 | (24) |
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PART 1 Consumer Protection across Different Financial Products |
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1 Consumer Protection in Polish Insurance Law |
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25 | (21) |
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Katarzyna Potudniak-Gierz |
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2 Consumer Protection in Portuguese Insurance Law |
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46 | (21) |
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Francisco Rodrigues Rocha |
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3 Consumer Protection regarding Banking Deposit Products in Greek Law |
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67 | (15) |
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4 Judicial Review of Standard Business Terms in Payment Services Contracts in German Law |
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82 | (23) |
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PART 2 Foreign Currency Loans in Europe |
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5 Foreign Currency Loans in Hungary |
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105 | (18) |
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6 Foreign Currency Loans in Croatia |
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123 | (29) |
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7 Foreign Currency Loans in France |
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152 | (20) |
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8 Foreign Currency Loans in Slovenia |
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172 | (21) |
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9 Foreign Currency Loans in Italy |
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193 | (19) |
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10 Complex Mortgage Loans in Spain |
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212 | (17) |
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Teresa Rodriguez de las Heras Balled |
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11 Foreign Currency Loans and Directive 93/13: The CJUE as a Legal Architect |
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229 | (24) |
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PART 3 Financial Ombudsman Bodies and Consumer Protection |
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12 Mind the Consumer Protection Gap: The UK Financial Ombudsman Service, Fairness and Reasonableness, and the Law |
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253 | (29) |
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13 Comparative Perspective on the Banking and Financial Ombudsman: Current Limitations and Possible Solutions |
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282 | (24) |
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14 The Financial Arbitrator in the Czech Republic |
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306 | (18) |
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15 Collective Redress for Consumers of Financial Services |
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324 | (20) |
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16 Judicial Governance and the Financial Markets from the Law and Economics Perspective |
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344 | (23) |
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17 The Role and Nature of Financial Ombudsman Institutions in Business-related Human Rights |
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367 | (26) |
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PART 4 The Way Forward: Building Consumer Protection through Financial Education |
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18 Financial Education: A Human Rights Perspective on Financial Literacy |
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393 | (19) |
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19 A Comparative Analysis of National Financial Education Strategies among the Visegrad Group |
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412 | (14) |
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20 Household Approaches to New Technologies in Financial Education in Poland |
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426 | (31) |
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Maigorzata Iwanlcz-Drozdowska |
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| Index |
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457 | |
Piotr Tereszkiewicz, M.Jur. Oxford (2005); Ph.D. & LL.D. Jagiellonian University in Cracow (2005, 2015), is a Professor of Private Law at Jagiellonian University. His research, published in English, German and Polish, focuses on European and comparative contract and consumer law as well as the law of financial services.
Mariusz Jerzy Golecki, LL.M Cambridge (2001), Ph.D. & LL.D. Lodz (2004, 2013), is a Judge in the Supreme Administrative Court in Poland, a Professor at the University of Lodz. He was the Financial Ombudsman in Poland (2019-2021). He is the author of 5 monographs and 90 or so academic articles.
