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Dissertations / Theses on the topic 'Banking law'

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Published: 4 June 2021
Last updated: 31 July 2024

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1

Eltayeb, E. A. "Aspects of banking law : Sudanese and English law compared." Thesis, University of Exeter, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374707.

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2

Yuspin, Wardah. "Facilitating the growth of Islamic banking law and Islamic banking in Indonesia : new laws and new challenges." Thesis, University of Leeds, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.713882.

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The growth of Islamic banking and financial services (IBF) industry has generated considerable interest in the financial world in recent decades with no exception in Indonesia. The legal infrastructure for the development of IBF in Indonesia has been strengthened with the enactment of Islamic Banking Law No. 21 of 2008. The law includes two new arrangements that are expected to bring about changes in the IBF industry; namely Articles 55 and 68. In light of those articles, it is also essential to observe the development and practice of this industry in selected countries; namely Malaysia and Pakistan. Despite the difference of their legal systems (the practice of the Common Law Systems there as opposed to the Civil Law System in Indonesia), these two countries have been chosen for the resemblance of their IBF industry with the one developed, practiced and offered in. Indonesia. Particularly in Malaysia, the promulgation of the Central Bank Act 2009 and the Islamic Financial Services Act 2013 were aimed at enhancing its legal infrastructure that will not only protect its IBF industry but will ensure stability, growth and confidence of all players and stakeholders. Substantively, Article 68 deals with the Islamic window/ Islamic unit separation. It is quite natural to conclude that Window Model serves only as a transitory mechanism. Therefore, that model is mandated and/or limited to be a mere spun-off or temporary structure for IBF institutions from their parent banks before subsequently becoming a full-fledged institutions. Since this is mandatory, any Islamic window that violates this provision will be fined, or further, their licence will be revoked. Meanwhile in those particular countries this model is still allowed and can be adopted by conventional banks offering IBF services. However, the conventional banks will only be allowed to, offer IBF services once they have demonstrated their serious commitment to IBF and have a clear roadmap towards full conversion of their operations into a full fledged Islamic bank. Whilst Article 55 (1) affirms that the religious court is the institution authorised to settle dispute on matters concerning Islam and the economy, Article 55 (2), nonetheless, provides that if the litigants are in agreement, they can choose to refuse submission to the jurisdiction of the religious court jurisdiction and alternatively choose another forum such as district court to adjudicate the dispute. The selection and submission to another forum, such as the district court, can potentially bring about a conflict of authority and jurisdictions between the district courts and the religious courts. However, according to the decision of the Constitutional Court No.93PUU-X/2012 the Islamic financial disputes fall under the absolute competence of the religious court. While in those selected countries, the Islamic disputes are tried and heard before the jurisdiction of their civil courts, despite the fact that there is a designated civil court in Malaysia that will handle disputes relating to IBF. That choice of forum to render decision on this dispute raises the problem, since many judges who render decision on this case are in favour of the civil law rather than Shari'a (Islamic law). While the Islamic disputes are not merely commercial disputes but involves the questions of Shari matter(s). In this regards, a closer scrutiny on the Malaysian Central Bank Act 2009 will be useful since it provides for reference to the Shari'ah Advisory Council by the courts or arbitrators adjudicating matters relating to IBF disputes. With the rapid advancement of IBF industry and various products and services it offers, disputes are then inevitable. Premised on this realization, this thesis strongly examines and advocates that a proper and strong legal framework and infrastructure as well as substantial support of the legal fraternity are crucial prerequisites for a healthy advancement and significant growth of IBF industry. Therefore with the inclusion the Art 68 and 55 of the Islamic Banking Law, this industry is seen moved towards this advancement.
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3

Choe, Wongi. "Political institutions and politics of financial patronage after liberalization : Argentina, Korea, and Thailand in the 1990s /." Thesis, Connect to this title online; UW restricted, 2005. http://hdl.handle.net/1773/10712.

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4

Wang, Wei. "National treatment and China's post-WTO banking law." Thesis, Queen Mary, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.522590.

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5

Björklund, Iréne, and Lisbeth Lundström. "Islamic Banking - An Alternative System." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3145.

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Islamic banking is an investment and financing system which expands globally. The Islamic banks have only been established for some 30 years but the banking system is based on long-going traditions within Islamic finance. The system is founded on ethical values and emphasises the well-being of society as a whole.

Islamic banking is different from conventional banking in most aspects, since its close tie to religion is very important. The system is not based on interest, as it is prohibited in Islam. Instead Islamic banks offer various kinds of accounts and a range of financing alternatives all complying with the Islamic Law – Shari’a. To work according to Shari’a is crucial for the banks and their activities are controlled by a special Religious Supervisory Board working within the bank.

The implementation of the Islamic banking system varies to some extent between Islamic countries. It has been influenced by its connections to politics of and the history in the countries where the system operates. As a result to the variations between the states’ implementation, the need for harmonisation increases as the expansion of Islamic banks continues. Several organisations work to achieve international standardisation and harmony to make the banking activities more transparent and attractive. The achievement of harmonisation as well as the performance of the banks is crucial for the future of Islamic banking.

The dissertation is based on extensive literature review and a personal interview with a professional within an Islamic bank in Lebanon.

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6

Eriksson, M., and C. Schuster. "Customer loyalty in Internet banking." Thesis, Kristianstad University College, School of Health and Society, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4808.

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In the recent years the way to do banking has changed. Internet banking has grown and a lot of niche banks working mainly with the Internet as a medium has entered the Swedish bank market. How to keep the customer loyal online in a very competitive environment has become a main question for the banks.

The aim of this dissertation is to test what factors impact bank customer loyalty in an online environment. A positivistic research philosophy, a deductive research approach, an explanatory purpose and a quantitative research method are adopted for the research.

It was found that customer satisfaction, corporate image and brand reputation and generation are factors that impact bank customer loyalty online. Switching costs, perceived service value and commitment show tendencies to impact bank customer loyalty online.

Since little research has been done on the topic bank customer loyalty, this dissertation may be of interest for researchers on customer loyalty and also for research on online loyalty for service companies. Moreover, the findings can be used as guidance for banks that want to develop their online banking and want to make sure they do everything possible to have loyal customers.

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7

Seatzu, Francesco. "Insurance in private international law : a European perspective." Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364461.

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8

Sofola, Olatokunbo. "The Nigerian law of consumer credit and security." Thesis, King's College London (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268316.

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9

Kammel, Armin J. "The law of international banking institutions : a comparative analysis /." Vienna : Mille Tre, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494675012.pdf.

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10

Economopoulos, Andrew James. "Impact of free banking on the free banking market." Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/54288.

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This dissertation examines the free banking laws of seven states and the impact of three provisions of the laws on the states' banking experience. In Chapter I, a review of two current theories of the free banking experience is presented. One theory contends that the laws themselves induced the banking experience of the states. The second theory asserts that economic activity induced the banking experience. This study includes a discussion of both theories in the analysis of the provision's effect on the banking experience. In Chapter II, a simple model of the operations of a free bank is presented. Also, the laws of the seven states that determine the establishment and the operations of a free bank are reviewed. The review reveals that the states enacted similar provisions, but restrictions included in the provisions differ considerably. In Chapter III, the experiences of the states are examined. The states represent a spectrum of banking experiences. The experiences of each state are characterized by four measures; the entry rate, the failure rate, the below par rate, and the average loss per dollar. Each of these measures reflects a different aspect of banking behavior and each is examined in order to determine the effect of the provision and the effect of economic activity on the behavior of the free banks. The analysis shows that both the provisions and the economic activity influence bank behavior. In Chapter IV, a theoretical analysis of the effect of the stockholders liability provision on entry and on the bank's portfolio is developed. The theory shows that an increase in the stockholders liability of a free bank reduces entry into the free banking market and increases the risky asset-capital ratio of the free bank. The testing of the theories is presented in Chapter V. The empirical evidence confirms the hypothesis that an increase in the liability of the stockholders increases the risky asset-capital ratio. The evidence does not confirm the hypothesis that an increase in the liability of the stockholder reduces entry.
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11

Baamir, Abdulrahman. "Saudi law and judicial practice in commercial and banking arbitration." Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/6599.

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This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist between the classical Shari’a arbitration rules and the Saudi arbitration regulations, which represent the codification of the Hanbali law of arbitration. Unlike other arbitration laws, almost all kinds of disputes can be settled by arbitration in Saudi Arabia, and these include family and some criminal disputes such as murder and personal injuries. Moreover, this thesis demonstrates the difference between Islamic law and Saudi law. The latter is more comprehensive as it includes Islamic law and the borrowed Codes and Acts of the laws of other nations. The legal status of banking interest under the Saudi law is not clearly defined and it is not clear whether riba contradicts with the public policy of Saudi Arabia or not. This uncertainty has an impact on arbitration related to banking disputes and has led me to conclude that arbitration is not the best method for settling disputes involving domestic conventional banking business. Although resorting to the Committee for the Settlement of Banking Disputes of SAMA might provide a better solution, the decisions of the Committee are not “strong” enough to be fully enforced and the payment of interest continues to be an avoidable obligation in Saudi Arabia; therefore, the thesis examined the alternative remedies for both domestic and international banking arbitration. The thesis also found that if the enforcement of an international arbitration award is sought in Saudi Arabia, the award will be subject to the mandatory application of Shari’a law, which in addition to the imposition of interest, prohibits also certain kinds of commercial contracts.
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12

Sin, Kam Fan. "Banker and customer : incidents of their relationship in a changing financial world /." Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B38906831.

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13

Olanipekun, Oladapo Olumide. "Banking regulation and deposit insurance : legal and comparative perspective." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1581.

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A major point of debate in most financial systems is the relevance, form and scope of regulatory intervention, particularly on the trade-off between the benefits and costs of regulation. Deposit insurance is a prominent part of most modern regulatory financial safety nets. As with banking regulation in general, it is still debatable whether deposit insurance is necessary in all cases. While most deposit insurance schemes have the joint aims of financial stability and depositor protection, there are inherent difficulties posed by the introduction of such schemes, in particular the moral hazard and agency problems. For the purpose of this thesis, these difficulties have been generally termed as the deposit insurance problem. A number of issues arise for consideration if deposit insurance is to be provided. The thesis argues that the optimal design of deposit insurance schemes is dependent on three factors: an effective system of bank supervision and regulation; identification and prioritisation of the policy objectives which the scheme is to achieve; and adoption of incentive-compatible systems in line with sound practice guides but tailored to country-specific circumstances. There is generally no fixed or absolute model for all states. The thesis involves an assessment of deposit insurance schemes in the United Kingdom, the United States and Nigeria. An assessment of these schemes, as well as international and regional developments, will show that cross-country differences should play an important factor in the adoption or reform of deposit insurance schemes, but that there arc common concerns for policymakers whatever the distinctiveness of local circumstances. The challenge for policymakers is how to achieve a fair balance between the protection of depositors and banking system stability on the one hand and minimizing elements of the deposit insurance problem on the other hand. The aim is to recommend a future course of reform that includes a general support model and specific recommendations for the jurisdictions that are examined
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14

Borodina, Kristina. "The Icelandic Banking Saga : The ways to deal or not to deal with a systemic banking crisis." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363982.

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Every key feature of the Icelandic banking in the run-up to the 2008 year meltdown can be viewed as an emblem of the concept systemic banking crisis. The concept of a banking crisis is usually defined as “an event that shows significant signs of financial distress in the banking system and which is usually associated with significant bank runs, big losses in the banking system and bank liquidations.”[1]The detailed bank data, attained after the secrecy laws were being lifted after the crisis,[2]sheds light on five core problems that, in my estimate, portray the Icelandic crisis the best. These problems are unreliable deposit insurance system, fictional collaterals, inside dealing, the inadequacy of foreign reserves and supervision problems.     Due to banks’ central role in economic welfare, the main scope of the regulations and laws in the area of banking is to contribute to operational stability in financial corporations, increase the credibility of the system, protect the customers and increase the confidence of the public. Failure of one bank can lead to disastrous consequences for the whole economic system.[3]Probably one of the most critical situations is a scenario of a bank run. Bank runs are usually seen as depositors’ reaction to fear about the bank’s solvency.[4]They are usually characterized by a massive simultaneous withdrawal from banks that in many cases may lead to liquidity problems due to the liquidity mismatch of the banks.[5]A bank’s liquidity is defined as bank’s capacity to quickly react to a sudden withdrawal without having to sell off illiquid assets.[6]The phenomenon of bank runs has two very particular features: (1)they are associated with a tendency to “run” as soon as there is a signal of potential solvency problems, and (2) a tendency to create feedback.[7]The first feature implies that the depositors are most likely to withdraw their funds as soon as they see the slightest sign of potential insolvency. The second feature is a reaction to the first signal, when depositors, who not necessarily believe in signals, run because they do not want to be the last ones to withdraw their money. Lost confidence in one bank may eventually spread to other banks and result not just in a failure of the banks involved, but even in a systemic failure. In light of the aforesaid, many countries take different measures to prevent bank runs and financial panic. Among these measures is an establishment of deposit-guarantee schemes( DGS).[8]    The significant increase in deposits in Icelandic banks not only had the effect of transforming the financing of the Icelandic banking system but, as it will be discussed in the next chapters, eventually led to catastrophic consequences as about half of the deposits were deposited with the banks’ branches abroad and in foreign currency. This increase of deposits in foreign branches resulted in a substantial increase in the obligations of the Icelandic Depositors’ and Investors’ Guarantee Fund(TIF).[9]However, the TIF was unable to cope with such an increase. When depositors lost trust in Icelandic banks, and when there was no clear information whether the TIF covered the branches of Icelandic banks in the UK and Netherlands, a scenario of bank run was inevitable. Bank runs were seen not only in Iceland but also at the branches and subsidiaries of the Icelandic banks abroad. As stated above, a scenario of a bank run usually involves many depositors simultaneously withdrawing their deposits from a bank, which in its turn causes liquidity problems.[10]In the Icelandic case that is precisely what happened with bank accounts in Icelandic branches in the UK and Netherlands, since Icelandic banks were experiencing big liquidity problems in foreign currency.
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15

Enchzajaa, Culuunbaataryn. "Impact of institutions on lending informal constraints and enforcement of bank regulation in Mongolia /." Wiesbaden : Deutscher Universitäts-Verlag, 2006. http://dx.doi.org/10.1007/978-3-8350-9007-1.

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16

Sin, Kam Fan, and 單錦帆. "Banker and customer: incidents of their relationship in a changing financial world." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1989. http://hub.hku.hk/bib/B38906831.

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17

Acheson, G. G. "Law, finance and liability regimes : essays in Scottish and Irish banking." Thesis, Queen's University Belfast, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431398.

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18

Gomis-Porqueras, Pere. "Monetary policy, volatility and the banking system /." Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3008341.

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19

Chan, Ricky Chi Wai. "Use of different techniques to resolve disputes between banks and their customers in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833234a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2005.
"Dissertation in part fulfillment of Master of art in arbitration and dispute resolution" Title from title screen (viewed on Mar. 27, 2006) Includes bibliographical references.
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20

Owodunni, Adeola Abimbola. "Bank lending on the security of land : a comparative study of English and Nigerian law." Thesis, University of Reading, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280298.

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21

Roy, Friedemann. "Niederlassungsrecht und Kapitalverkehrsfreiheit in Polen, Tschechien und Ungarn die Auswirkungen der Europa-Abkommen auf die Tätigkeit der Kreditinstitute /." Wiesbaden : Deutscher Universitäts-Verlag, 2002. http://catalog.hathitrust.org/api/volumes/oclc/53057487.html.

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22

Babis, Stavroula-Valia. "Regulation and supervision of cross-border banking groups : the legal perspective." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708322.

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23

Holz, Brandus Eva. "Banking in MERCOSUR : liberalisation and integration : policy reflections." Thesis, Queen Mary, University of London, 2006. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28505.

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This thesis studies MERCOSUR Agreements in the area of banking services. The core issue of this study is to examine whether the present and potential benefits arising from MERCOSUR Agreements - as they have been designed and implemented - are worth the risks and difficulties underscored of the liberalisation and integration processes. For the proposed analysis, first of all a presentation is made of the context in whichMERCOSUR integration is inserted (Chapter I). This means the trends towards globalisation, internationalisation and liberalisation present today in Latin America's financial sector. In the second place (Chapter Il), the Asuncion Treaty and MERCOSUR complementary Protocols are described. Thirdly (Chapter Ill), the regulations and structures generated in the MERCOSUR in relation to banking services are presented. Chapter IV describes countries financial legislation and regulation. Subsequently (Chapter V Section 1), the obstacles to liberalisation and integration present today in the instruments, bodies and specific provisions regarding the banking sector in the MERCOSUR and in the internal legislation of its Party States, are gone into in depth. Finally, (Chapter V Section 2), an explanation is given of the impact of the Brazilian and Argentine economic crises since 1999 on the MERCOSUR integration process, in macroeconomic and unilateral trade measures. The author's principal conclusion is that the MERCOSUR framework has a positive potential and may contribute to the economic growth and wellbeing of the countries and societies it involves. For the further development and enhancement of its positive effects, MERCOSUR should avoid or at least mitigate the risks and difficulties involved in the opening up processes. The author suggests some concrete strategies for future negotiations in the context of MERCOSUR, FTAA, GATS or other liberalisation agreements involving Latin American countries.
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24

El, Sharif Bahgat Bahgat Khalil. "Law and practice of profit-sharing in Islamic banking with particular reference to mudarabah and murabahah." Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280677.

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25

Ahmad, Abu Umar Faruq. "Law and practice of modern Islamic finance in Australia." View thesis, 2007. http://handle.uws.edu.au:8081/1959.7/38404.

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Thesis (Ph.D.)--University of Western Sydney, 2007.
A thesis presented to the University of Western Sydney, College of Business, School of Law, in fulfilment of the requirements for the degree of Doctor of Philosophy. Includes bibliographies.
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26

Walker, George Alexander. "European banking and financial law : a study in policy and programme construction." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410997.

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27

Rabiee, Sohrab. "Protection of foreign investment : the development of international law and the contribution of the Iran-United States Claims Tribunal." Thesis, University of Exeter, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292373.

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This study begins with a generel review of the developments of international law and relations especially during this century and then continues to consider these developments within the specific contexts of permanent sovereignty over natural resrouces and bilateral investment treaties from which it is concluded that there have been many changes in the context in which foreign investment is made as well as the substantive rules governing it. However, despite the changes in attitude and the developments. there seems to be no specific and detailed set of rules universally accepted to be governing foreign investment especially in the area of compensation which is the core of the matter. Having considered this general background, the study turns to the contribution of one of the most unique experiences in the history of arbitration i. e. the Iran-United States Claims Tribunal. After studying the general factual and legal background of the creation of the Tribunal and the examination of the instruments upon which the Tribunal's jurisdiction and structure are based, the thesis examines the practice of the Tribunal with regard to both expropriation and compensation. Attempt has been made to examine these issues from almost every relevant aspect. The conclusion reached in the final analysis of this part is that despite the consistency of the Tribunal's practice with regard to some general issues, there has not been much coherence when it comes to more specific and concrete issues such as the method of valuation and some aspects of expropriation and compensation. The final conclusion of the study is that there is still a long way to go before establishing a universal, specific and detailed set of rules governing foreign investment although the bilateral approach can be, and in fact is, considered as a safe interim measure of protection as far as the capital exporting countries are concerned. It also questions the viability and wisdom of adopting the Iran-United States Claims Tribunal experience as a pattern for resolving future investment disputes in light of the extraordinary background of its creation and controversies as to the precedential value of some of its decisions.
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Shaharuddin, Amir. "A study on Mudarabah in Islamic law and its application in Malaysian Islamic banks." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/107900.

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The contrast between the theory and practice of Islamic banking is generally acknowledged by many scholars. After more than three decades in operation, the rapid growth of the Islamic banking industry is, in reality being driven by the application of the debt-like contracts (e.g. murÁbaÎah and ijÁrah) rather than the profit and loss sharing contracts (e.g. muÃÁrabah and mushÁrakah). As the adaptation of the former contracts creates "unauthentic" Islamic financial products, many have questioned their compliance with sharÐÝah principles. The present study analyses this issue by examining the application of muÃÁrabah rules in Malaysian Islamic banking practices. It evaluates the extent to which the current practices fulfil the principles and the ethical framework of the muÃÁrabah contract as propounded by the classical jurists. The study also analyses the justifications of Malaysian sharÐÝah scholars for modification of the doctrine, adapting it to the modern banking business. The study found that the local sharÐÝah scholars have adopted an incoherent legal methodology when making their ijtihÁd. They can be very rigid, concentrating solely on the legal technicality and at the same time be very flexible, adapting an unregulated doctrine of maÒlaÎah. Therefore, some of their resolutions could be seen as contradictory to the rulings found in classical fiqh.
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29

Zaleskienė, Jolita. "Bankų teisės šaltiniai." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20061220_144643-94659.

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Šis darbas analizuoja Lietuvos bankų teisės šaltinius, atskirai išskiria ir aptaria kiekvieno iš jų svarbą Lietuvos bankų teisės reglamentavimui. Trumpai apžvelgiama bankų teisės samprata, bankų teisės sistema, teisės šaltinio sąvoka. Atskirai aptariama bankų teisės normų sisteminimo reikšmė. Darbe nagrinėjami Lietuvos bankų teisės kaip atskiros teisės šakos bei bankų teisės aktų, reglamentuojančių bankų teisinius santykius, ypatumai. Analizuojant bendrus teisės šaltinius atitinkamai parodoma jų vieta bankų teisės šaltinių sistemoje, nes teisingas bankų teisės šaltinių įvertinimas, jų vietos nustatymas teisės šaltinių hierarchijoje leidžia teisingai pritaikyti bankų teisės normas praktikoje. Darbe nagrinėjami ne tik banko teisės šaltiniai, teisinio reglamentavimo problematika, tačiau atskleidžiama ir pačio bankų teisės instituto, teisės šaltinio specifika, trumpai aptariama bankų teisės samprata, jos formavimosi prielaidos. Siekiant plačiau atskleisti bankų teisės sistemų įvairovę, trumpai apžvelgiama užsienio valstybių bankų teisė, jos reglamentavimas bei sisteminimo problemos ir tendencijos.
Peculiarities of banking law of the Republic of Lithuania as a separate branch of law as well as peculiarities of banking law acts regulating legal relations of banks are analyzed in the paper. By analyzing general sources of branches of law, their position in the system of banking law sources is indicated, for righteous assessment of sources of banking law, institution of their position in hierarchical system of law sources enables to put into practise the rules of banking law. Not only sources of banking law and topics of legal regulation are analyzed but also institution of banking law itself and particularity of a law source is inducted, as well as conception of banking law and premises of its formation are briefly discussed in the paper. In order to induct variety of systems of banking law more widely, banking law of foreign countries, its regulation as well as problems and tendencies of systematization are briefly reviewed. While reviewing the system of banking law sources, every banking law source is separately analyzed in the paper as a separate banking law act: the Constitution of the Republic of Lithuania, ratified international treaties, laws, post-law legal acts and additional – facultative – banking law sources – doctrine, customs, principles, and court practice. Their arrangement in hierarchical system of law sources is discussed by determining position and significance of each of them in the system of law sources. Changes of law sources in the context of... [to full text]
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30

Lacroix, Marie-Hélène. "Interactions entre le droit des sûretés sous le Code civil du Québec et la loi sur les banques." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23960.

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The purpose of this study is to provide a precise and exhaustive study as well as an analysis of the place occupied by the banking security under Quebec Law in relation to the coming into force of the Civil Code of Quebec on January 1st 1994.
The author shall emphasize her research on specific elements that have changed with the existence of new rules of civil law and that will contribute to the creation of new conflicts between financing banks of specific classes of debtors under the Bank Act mechanism and the other creditors of the latter.
A first step will be to review constitutional principles underlying conflicts between provincial private law and federal exclusive jurisdiction matters, an analysis being considered necessary in order to study specific conflicts that might exist along the overlap situations between the Civil Code of Quebec and the Bank Act.
This text core shall emphasize on the nature of the right conferred to the bank by the banking security under the light of the new Quebec law of real security, the effect of article 1801 C.c.Q. in relation to the banking conventions, and the multiple interactions between the banking security and certain types of hypotheses.
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Njie, Matarr. "The impact of financial liberalization on the banking industry in Malaysia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2007. https://ro.ecu.edu.au/theses/314.

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This dissertation makes a contribution towards the creation of a greater understand ing of the process of financial liberalization and the role of government during this process by arguing that financial liberalization and government intervention are not necessarily mutually exclusive processes. By analysing the strong nexus that exists between government and the finance industry in Malaysia under the country's gradualist approach to financial liberalization, the dissertation shows that contrary to popular theory, this type of financial reform can also impact positively on a country's banking industry. This suggests that the notwithstanding financial liberalization, government interventions would still be needed to correct for market failures and that such interventions can take place even where the financial reform programmes are being implemented.
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32

Schroeder-Hohenwarth, Jan. "Staatliche Regulierung und die Krise des kamerunischen Bankensystems von 1986-1997 /." Marburg : Tectum, 2002. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=009765964&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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33

Batchelor, Valli B. "A comparable cross-system bank productivity measure: Empirical evidence from the Malaysian dual banking system." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/5.

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This thesis seeks to fill a void in the banking performance literature by (1) proposing a cross-system bank productivity assessment methodology that can be applied to both conventional and Islamic banking and (2) implementing this methodology on a dual banking system to gauge the comparable productivity of Islamic and conventional banks relative to one another in a banking system that has experienced deregulation and consolidation. The growing significance of Islamic banking cannot be overlooked as its growth in recent years has significantly outpaced conventional banking. This new banking duality trend profoundly impacts the relative competitiveness of both banking systems and this in turn, may significantly affect the allocation of scarce financial resources between conventional and Islamic banking.
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Janadhanan, Nadarajah. "Testing the law of proportionate effect, profitability performance and competition in indian banking." Thesis, Bangor University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.502725.

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35

Adeeko, Olukayode Adesope. "The law and policy of financial regulation and deregulation of Nigerian banking system." Thesis, University of Warwick, 1998. http://wrap.warwick.ac.uk/4258/.

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This thesis is a study of banking regulation in Nigeria. It has three main objectives: to explain the evolution and impact of banking regulation after independence to discuss the reasons for the persistent failure of financial regulation; and to highlight the role of external agencies in Nigeria's financial system. The thesis offers a historical perspective on the developments in Nigerian banking regulation, but focuses mainly on the period after independence. It examines the economic and political theories that have influenced financial regulatory trends in Nigeria. It considers these theories in their political and legal context. The thesis does not embrace any theory in particular. Instead, its approach is pragmatic and comparative focusing on the interaction between legal, political and institutional factors that have influenced financial regulation in Nigeria. The study shows that the pre-liberalisation regulatory norms were repressive and inefficient. It argues that banking deregulation was introduced as an economic revolution devoid of necessary corresponding political and legal changes. The core destabilising factors are identified as inadequate regulatory powers, political corruption, political instability, legal instability, policy distortions, and incongruous laws. The complicity of the IMF and World Bank in this process is also discussed. Financial deregulation was prompted by predatory politics characteristic of the Nigerian state; yet, deregulation has aggravated the country's political instability and exacerbated prebendalism. The thesis discusses policy options to break this vicious circle.
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Al-Khadash, Husam Aldeen Mustafa. "The accounting measurement and disclosure requirements in Islamic banks : the case murabahah and mudarabah /." View thesis View thesis, 2001. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030416.150843/index.html.

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Thesis (Ph.D.) -- University of Western Sydney, Macarthur, 2001.
A thesis presented to the University of Western Sydney, Macarthur, in partial fulfilment of the requirements for the award of the degree of Doctor of Philosophy, March, 2001. Bibliography : leaves 244-264.
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Ababneh, M. M. A. "Underwriting cargo risks under the institute cargo clauses 1982 against the backdrop of English and Jordanian marine insurance law and practice." Thesis, University of East Anglia, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267995.

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In January 1982 marine cargo insurance was the subject of a very radical change on the London marine insurance market. The changes included the abandonment of the historical S. G. policy and institute clauses of 1963. The market introduced the new MAR policy and a new set of standard cargo clauses, designated A, B, and C. The new Institute Cargo Clauses were designed for use on an international basis and have been adopted in many foreign maritime insurance markets. Subsequent to their introduction they have attracted much attention and debate. The main aim of this research is to thoroughly examine, explain and evaluate all the provisions of the Institute Cargo Clauses, and to assess their success and points of weakness. As the clauses constitute the terms of the relevant contract of marine insurance they must be considered in the context of the Marine Insurance Act of 1906, and also the applicable law cases. The clauses have been investigated on the presumption that English law and practice applies. This thesis also includes a comparison with Jordanian law, with an ancillary section concerned with the placing of marine cargo cover in the Jordanian market where the Institute Cargo Clauses have been adopted, and with the relevant marine insurance provisions in the Jordan Maritime Commercial Law of 1972 also examined. The thesis comprises 11 chapters: except for the first three chapters all follow the structure of the clauses. In summary, the first chapter describes the basic features of the London market and defines its role as the overseer of insurance conditions. This is coupled with an overview of developments in the practical stages of placing cargo cover. The second chapter deals with features of the Jordanian insurance market and reviews the statutes governing its activities, including cargo cover, and the system adopted in placing insurance cover. The third chapter is a linking chapter which gives a brief account of the old system of marine cargo cover and discusses the reasons behind the radical changes in the London market in 1982. Chapter Four deals with the risks covered in the A, B, and C clauses respectively, particular attention being given to all risks cover as it is the most common form used in cargo insurance. Chapter Five analyses the exclusions in the Institute Cargo Clauses with special reference to the General Exclusions Clauses (cl . 4) and the War Exclusion Clause(cl 6) as these provide the most common intersection between `perils insured' and `perils excluded'. Chapter Six discusses the `Duration Clauses', with special consideration being given to the Transit Clause. `Deviation' and `Change of Voyage' are discussed and compared with the relevant statutory provisions in the M. I. A 1906. Chapter Seven deals with claims. Consideration, in particular, is given to the Insurable Interest and Constructive Total Loss clauses. Chapter Eight is devoted to evaluating the effect of inserting the `Benefit of Insurance' Clause in a carriage of goods by sea contract and the impact of the `Not to inure' Clause in marine cargo cover. Chapter Nine examines, in considerable depth, the minimising losses clauses, by discussing the impact of the `Duty of the Assured' Clause and the contradiction between the statutory sue and labour clause in section 78 and section 55 of the M. I. A of 1906. Chapter Ten is concerned with the ambit and the function of the Reasonable Dispatch clause. The last chapter is the conclusion. It is hoped that this work will contribute, with other works in the relevant field, towards a better understanding of underwriting marine cargo cover both in_ the London and the Jordanian markets, and that it may also prove of use and interest to Middle Eastern insurance practitioners and academics.
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Hills, Thomas D. "The Recent Rise of Southern Banking." Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/history_theses/9.

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Between 1984 and 1986 the legislatures of several southern states enacted changes to their banking laws that enabled banking companies in Southern Region states to acquire and be acquired by banking companies in other Southern Region states, as long as these companies qualified as “Southern.” The purpose of the compact was to allow some southern banking companies an opportunity to grow and gain financial strength before full interstate banking was permitted. This study shows that the compact was successful. In 1985 no southern banking companies were among the top ten banks in the country, but by 2005 four were. Furthermore, no major southern bank has been acquired by a U.S. banking company outside of the South, although several southern banking companies have bought banks in other regions. The southern economy and its banking industry have benefited, although the benefits have been unevenly spread among states.
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Kojima, Koji. "Determinants of managers' choices in the Japanese banking industry /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/8799.

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Makki, Fadi A. "Financial services in the World Trade Organisation (WTO) and the General Agreement on Trade in Services (GATS) : development towards the rule of law." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245225.

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41

Wan, Qun. "A legal perspective on the disposition of non-performing loans and bank restructuring : a study of China's state-owned commercial banks /." View the Table of Contents & Abstract, 2006. http://sunzi.lib.hku.hk/hkuto/record/B35082690.

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42

Zhou, Zhongfei. "Reforming the Chinese foreign banking law in the context of international supervisory standard convergence." Thesis, Queen Mary, University of London, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326166.

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This doctoral dissertation deals generally with the reform of the Chinese (Mainland) foreign banking law in the context of the international convergence of supervisory standards. The starting premise is that the current foreign banking laws are out of line with international supervisory standards and practices in various fundamental respects. Moreover, the Chinese legislators and bank supervisors lack a meaningful appreciation and practical cultivation of commonly accepted supervisory values. These realities have underscored the importance of overhauling the foreign banking laws. The overarching thesis of this dissertation is that for China to develop a viable and modern banking system, it will need to develop and to implant a suitable legal infrastructure consistent with emerging international supervisory standards and with WTO requirements and aspirations for financial sector liberalization. On this vein, I propose a set of reforms that would create a legal environment for competitive equality between foreign banks, while at the same time protecting the "safety and soundness" of the Chinese banking system. I start by looking at the entry of foreign banks into the Chinese market. My major proposal, in this respect, is that the Chinese foreign banking law should clearly specify mandatory and discretionary licensing criteria. Since the licensing of a foreign bank is a process of mutual cooperation between Chinese and foreign supervisors, I recommend that the foreign banking law should incorporate into the licensing process the negotiation of a supervisory agreement between Chinese and foreign supervisors. I then examine the on-going regulation of foreign banks. In this respect, I propose that foreign banks should have autonomy to determine the adequacy of capital, liquidity and provisioning, although some quantitative prescriptions are still necessary. I suggest further that the foreign banking law should introduce risk-focused supervision. I also propose that bank supervisors should play an important role in ensuring that foreign banks establish sound bank management and public disclosure. Finally, I consider foreign bank crisis management. I propose that the Chinese foreign banking law should establish a joint responsibility of China and foreign countries on "lending of last resort" functions. Foreign banks should be required to participate in China's or their own countries' deposit insurance schemes. I also advocate a rule-based approach to foreign bank failure resolution in order to reduce traditional strong political pressure on the Chinese supervisors when they deal with bank failures. In sum, this dissertation conducts a critical examination of the current Chinese foreign banking laws vis-a-vis an analysis of compatibility with international standards and practices. The end result of this research is a number of considered recommendations for legal reform that I think should improve significantly the CUlJ'ent Chinese foreign banking laws.
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43

Fleifel, Bilal A. "Risk management in Islamic banking and finance the Arab Finance House example /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-3/fleifelb/bilalfleifel.pdf.

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44

Al-Shamrani, Ali Saeed. "Islamic financial contracting forms in Saudi Arabia : law and practice." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/9145.

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The main objective of this research is to examine whether the current practices of Islamic banking and financial activities in Saudi Arabia are compatible with the principles of Shariah. This examination includes the current uses of sukuk (Islamic bonds), the models of takaful (Islamic insurance) and accepted risk transfer mechanisms in Islamic structured finance (Islamic derivatives). The second purpose is to investigate the basic laws of banking and financial activities in Saudi Arabia and examine whether they are compatible with Shariah principles. The final aim is to suggest solutions to the absence of regulatory and supervisory systems of Islamic finance in Saudi Arabia by proposing a legislative and regulatory framework for Islamic banking and finance in Saudi Arabia. The research findings show that there are no specific laws and regulations governing Islamic banking and financial activities in Saudi Arabia. In addition, there is no independent central Shariah board to regulate and supervise Islamic banking and financial activities in Saudi Arabia, nor are there are any specialised commercial courts to look into banking issues. The research finds that there are some articles in the law of supervision of cooperative insurance companies in Saudi Arabia, and its implementing regulations, which do not comply with Shariah, and in addition, there is some incompatibility between the law and its implementing regulations. The final finding is that the issuance of sukuk and Islamic financial derivatives in Saudi Arabia are not consistent with Shariah requirements, due to the absence of regulatory policies and supervisory harmonisation, while Islamic insurance needs to amend some articles of the law of supervision of cooperative insurance companies in Saudi Arabia, and its implementing regulations, in order to comply with Shariah and also to avoid incompatibility between them.
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Ruhl, Mary Louise. "The case for a second look at Canadian bank insolvency legislation." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/26146.

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This thesis is an analysis of the bank insolvency process in Canada. The phenomenon of bank bailouts is examined and three possible rationale for bailouts are put forth. The conclusion is reached that bank bailouts can be justified on the basis of these rationale, and, therefore, that bank insolvency legislation should recognize the bailout process and provide an adequate and appropriate framework for this process. Three recent bank failures, Canadian Commercial Bank, Northland Bank and the Bank of British Columbia, are discussed, with particular emphasis on the different bailout tools used by the government in each case. These case studies are used as a framework within which to assess current Canadian bank insolvency legislation. The conclusion is reached that the legislative framework is inadequate to deal effectively with bank insolvency. By examining the American approach to bank insolvency and two recent Canadian studies on the subject, a model for reform is proposed. The model contemplates a more highly-structured legislative framework, with broad powers granted to the deposit insurer to implement a bailout in circumstances which justify this form of government intervention. Finally, this model is used as a basis on which to evaluate recent financial sector reform initiatives made by the federal government.
Law, Peter A. Allard School of
Graduate
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46

Mallat, Chibli Wajdi. "The renaissance of Islamic law : constitution, economics and banking in the works of Muhammad Baqer As-Sadr." Thesis, SOAS, University of London, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285421.

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47

Mutungi, Muhairwe Simon. "The introduction of Islamic banking and its projected impact on financial inclusion and economic development in Uganda." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28083.

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Islamic banks were minimally affected by the global financial crisis of 2008. This is largely attributed to their firm and sound economic principles. This has made Islamic finance a feasible alternative system of banking especially in pursuit of financial inclusion. Uganda like most third world countries has grappled with the challenge of access to credit with a big unbanked population. One of the reasons espoused in this paper for this problem has been high cost of credit access caused by prohibitively high interest rates that discourage people from attaining loans for their entrepreneurial ventures. Since Islamic banking is an interest free based mode of finance, it could have the key to unlocking the door to an inclusive economy. However, there is a desire for dedicated research and efforts from the authorities to develop an effective legal and regulatory framework for Islamic financial industry in Uganda. Attempts should be made to modify the existing structure to provide better products and quality service within the ambit of Islamic laws. While interest based banking has taken hundreds of years to mature to the level where it is today, expecting the same maturity from Islamic banking in its nascent stage will be overly ambitious. To develop an economic system truly reflective of the sacred principles of Islam, all stakeholders should understand the limitations at this stage and work towards its advancement.
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Seifert, Jacob. "Essays in competition policy, innovation and banking regulation." Thesis, University of St Andrews, 2014. http://hdl.handle.net/10023/9456.

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This thesis investigates the optimal enforcement of competition policy in innovative industries and in the banking sector. Chapter 2 analyses the welfare impact of compulsory licensing in the context of unilateral refusals to license intellectual property. When the risk-free rate is low, compulsory licensing is shown unambiguously to increase consumer surplus. Compulsory licensing has an ambiguous effect on total welfare, but is more likely to increase total welfare in industries that are naturally less competitive. Compulsory licensing is also shown to be an effective policy to protect competition per se. The chapter also demonstrates the robustness of these results to alternative settings of R&D competition. Chapter 3 develops a much more general framework for the study of optimal competition policy enforcement in innovative industries. A major contribution of this chapter is to separate carefully a firm's decision to innovate from its decision to take some generic anti-competitive action. This allows us to differentiate between firms' counterfactual behaviour, according to whether or not they would have innovated in the absence of any potentially anti-competitive conduct. In contrast to the existing literature, it is shown that the stringency of optimal policy will be harsher towards firms that have innovated in addition to taking a given anticompetitive action. Chapter 4 develops a framework for competition policy in the banking sector, which takes explicit account of capital regulation. In particular, conditions are derived under which increases in the capital requirement increase the incentives of banks to engage in a generic abuse of dominance in the loan market, and to exploit depositors through the sale of ancillary financial products. Thus the central contribution of this chapter is to clarify the conditions under which stability-focused capital regulation conflicts with competition and consumer protection policy in the banking sector.
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Zhang, Lin VanHoose David D. "Could sub-debts of banks be potential tools for supervision? Empirical study with data set 1999-2007 /." Waco, Tex. : Baylor University, 2008. http://hdl.handle.net/2104/5183.

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50

Al-Khadash, Husam Aldeen Mustafa. "The accounting measurement and disclosure requirements in Islamic banks : the case of Murabahah and Mudarabah." Thesis, View thesis View thesis, 2001. http://handle.uws.edu.au:8081/1959.7/827.

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This research has three main purposes. First, it discusses the differences between the conventional and the Islamic perspectives of accounting in terms of the accounting definition, objectives, principles, rules, measurements and disclosure requirements. Second, it discusses and formulates the accounting measurements and the disclosure requirements, which should be applied in Islamic banks for Murabahah and Mudarabah operations.Third, to provide insight into the current practice of these measures and requirements, the study reports the results of a survey which aims at identifying the gap between the suggested measures and requirements and the current practice of the Dubai Islamic Bank and the Jordan Islamic Bank. The analysis reveals that there are differences between the conventional and the Islamic perspectives of accounting. It also indicates the need for specific accounting measures for Murabahah and Mudarabah operations as well as the need to disclose more information about these operations and their accounting measurement methods in an Islamic bank's annual reports as well as in other disclosures.Finally, the direction for future research on Islamic banks operations and their accounting measurement problems are presented
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