Simone Cicchinelli

Damage and indemnity within financial markets

  • Abstract

Informations and abstract

Keywords: Conctract Law; Securities Market; Indemnity.

The article aims to analyze the claims that the investor can activate towards the financial intermediary: the perspective wants to overcome the traditional approach that privileges the contract law, followed by the case law and the majority doctrine. While the "private enforcement" and the "public enforcement" represent different levels in the contract law, in the market regulation priority should be given to the view of the market's paradigm (typical of the financial investments). In this perspective, the claim of the investor turns out, because of securities market's structure, in the faculty of requiring an indemnity, as a mean both able to restore the economic damage and preventing from continuing the activity when it infringes the rules that protect the stability and efficiency of securities market.

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