Academic literature on the topic 'English law: banking law'

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Journal articles on the topic "English law: banking law"

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Bashayreh, Mohammad H. "Non-Codified Sharīʿah as a State Law Governing Islamic Banking and Finance in Jordan." Arab Law Quarterly 33, no. 4 (August 15, 2019): 334–59. http://dx.doi.org/10.1163/15730255-12334024.

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Abstract This article examines how non-codified Sharīʿah governing Islamic banking and finance agreements should be applied to ensure certainty and predictability of the applicable rulings. The significance of this topic stems from the fact that the multiplicity of schools of Islamic law or fiqh has given rise to concerns about the certainty of the applicable rules. Here we set out these concerns through the lens of English courts and argue that non-codified Sharīʿah has the status of a law in Jordan regulating Islamic banking and finance agreements. It overrides legislation and excludes Statute Law that could invalidate agreements acceptable in Sharīʿah. Further, the concepts of maṣlahah and istiḥsān are explained as bases for the selection of applicable Sharīʿah rulings. This approach ensures certainty and is better than codifying rigid rules from Sharīʿah that could impede the development of Islamic banking and finance.
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Sokolova, Olga, Nadezhda Goncharova, and Pavel Letov. "Problems and Prospects for the Development of the UK Banking System in the Process of New Industrialization and Digitalization." SHS Web of Conferences 93 (2021): 05017. http://dx.doi.org/10.1051/shsconf/20219305017.

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The gist of this article boils down to the development of British banking system in the conditions of new industrialization and digitalization. The banking system of Great Britain is characterized by a high degree of concentration and specialization of banking, a well-developed banking infrastructure, and a close connection with the international loan capital market. London is the world's oldest financial center. The English banking system has the world's widest network of overseas branches. The UK banking system is relatively independent from the credit systems of the European Union. Nevertheless, banking legislation is focused on the unification of banking law within the European Community and supervision of banking activities. In the context of the global financial crisis, the UK banking system, as in other countries, has been severely tested. The most important trend in the development of the UK banking system is the blurring of boundaries between certain types of credit institutions. The subject of the research is the UK banking system in the context of new industrialization and digitalization.
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Al Mashhour, Omar Farouk, Muhammad Imam Asalie, Ahmad Shamsul Abd Aziz, and Nor Azlina Mohd Noor. "AN OVERVIEW OF THE BANKING SYSTEM IN SYRIA AFTER A DECADE OF UNREST." International Journal of Law, Government and Communication 5, no. 19 (June 10, 2020): 68–84. http://dx.doi.org/10.35631/ijlgc.519005.

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After a decade of crippling international sanctions and devastating conflict, the Syrian economy has been largely in shambles. Nevertheless, the Syrian banking industry has largely weathered the storm. This article attempts to illustrate a comprehensive view of the banking sector in Syria and how well has one of the oldest banking systems in the middle east fared over the years and how has it survived the seemingly insurmountable challenges. Additionally, The article targets to show the role of the central bank of Syria in supervising the banking industry as well as a view on the recent development of the legal and financial orientation. The researchers have faced issues related to the absence of information due to its limits on what the central bank is publishing. Also, it is found that lack of English annual reports and missing reports for some years, will lower the chances of attracting investors. The article suggested a set of recommendations that may elevate the condition of the Syrian banking system by issuing a new law enforcement division to track down any unlawful activities.
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Haikal, Shams Osama. "Re-Examining the Structure of Firms and the Provision of Finance: The Case for Islamic Partnerships." Asian Social Science 15, no. 10 (September 29, 2019): 64. http://dx.doi.org/10.5539/ass.v15n10p64.

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In the past, Muslims and non-Muslims mainly depended on equity-based financing while debt was an exception, but this whole system was altered with the inception of banks followed by the corporations and the role of partnerships started to shrink. Accordingly, many issues emerged concerning the current financial system, for instance three different banking theories were developed that are based on different understanding of how banks and money function and each lead to different economic and policy implications. Frankly, the new entire system was borrowed from the English law and hence raised doubt about its compliance with Sharī’ah. Accordingly, the study aims to re-examine the structure of corporations, especially the concept of legal personality, and the provision of debt finance under the principles of Islamic law and their effect on the economy as compared to partnerships. The study employed library research, content analysis as well as case study approaches and found that the only correct banking theory that is supported by an empirical evidence is the credit creation theory which states that banks can create money out of nothing. Moreover, after analyzing the concept of legal personality, the concept proved not to be accepted by the classical scholars although the majority of the contemporary scholars insist on its validity. Furthermore, the whole structure was found to contradict some of the main principles of Islamic law. Finally, partnerships were found to be more efficient than the debt-based system in terms of allocating the investable resources and the marginal efficiency of capital.
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Selgin, George. "Those dishonest goldsmiths." Financial History Review 19, no. 3 (September 11, 2012): 269–88. http://dx.doi.org/10.1017/s0968565012000169.

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London's seventeenth-century goldsmiths are routinely said to have pioneered fractional-reserve banking in England by clandestinely lending coin they were supposed to store – that is, by embezzling their clients. I draw upon both contemporary testimony and contemporary English law to show that the goldsmiths were almost certainly innocent of the crime for which they are so often accused. I then go on to speculate that the myth of the embezzling goldsmith may have its roots in confusion of that crime with (1) crimes other than embezzlement of which goldsmiths were accused by their contemporaries and (2) embezzlement of stored coin not by goldsmiths but by the British crown and by some merchants' servants.
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A. Asongu, Simplice. "African financial development dynamics: big time convergence." African Journal of Economic and Management Studies 5, no. 2 (July 1, 2014): 160–94. http://dx.doi.org/10.1108/ajems-06-2012-0037.

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Purpose – Assessment of African financial development dynamic convergences in money, credit, efficiency and size. The paper aims to discuss these issues. Design/methodology/approach – The empirical evidence is premised on 11 homogenous panels based on regions (Sub-Saharan and North Africa), income-levels (low, middle, lower-middle and upper-middle), legal-origins (English common-law and French civil-law) and religious dominations (Christianity and Islam). The paper examines convergence in financial intermediary dynamics of depth, efficiency, activity and size. Findings – Findings suggest that countries with small-sized financial intermediary depth, efficiency, activity and size are catching-up countries with large-sized financial intermediary depth, efficiency, activity and size, respectively. The paper also provide the speeds of convergence and time necessary to achieve a full (100 percent) convergence. Practical implications – The presence of strong links among African banking sectors may present little opportunity for portfolio diversification. The convergence patterns show positive steps toward regional integration. As a policy implication, African governments should not relent in structural and institutional reforms. Originality/value – It is the first critical assessment of convergence in financial intermediary development dynamics in the African continent.
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McLachlan, Campbell. "The Jurisdictional Limits of Disclosure Orders in Transnational Fraud Litigation." International and Comparative Law Quarterly 47, no. 1 (January 1998): 3–49. http://dx.doi.org/10.1017/s0020589300061558.

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A modern approach to private international law must deal adequately with three overall concerns. First, it must provide functional responses to the modern international context of trade and commerce in which cross-border problems arise. Second, it must provide effective and fair remedies in civil disputes when those disputes spill over national borders. Third, it must resolve the otherwise irreconcilable conflicts between national legal systems—not as an end in itself or solely as a means of finding comity among nations, but in order to do substantial justice between the private litigants involved. As Dicey had it in the choice of law context, this “does not arise from the desire of the sovereign of England or any other sovereign to show courtesy to other states. It flows from the impossibility of otherwise determining whole classes of cases without gross inconvenience and injustice to litigants, whether natives or foreigners.” It is the burden of this article to examine the way in which the English courts have sought to work out these three general functions in the context of developing rules that govern the ambit of interlocutory orders to disclose and trace the proceeds of fraud internationally. Having identified the problems of abuse presented by the new opportunities of the international banking system, the courts have been quick to innovate in developing new remedies. But just as quickly they have run up against the boundaries of such remedies, both in granting orders themselves and in reacting to foreign orders.
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Share, Michael. "GHOSTS OF AN EMPIRE: BRITISH LEGACIES IN ASIA." Journal of International Analytics, no. 1 (March 28, 2018): 45–51. http://dx.doi.org/10.46272/2587-8476-2018-0-1-45-51.

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One hundred years ago, the British Empire controlled a quarter of the world’s area and population. Today only a dozen tiny islands remain of this once great empire. However, the British left a huge and permanent legacy behind in terms of the English language, a rule of law, banking, Protestantism, team sports, and parliamentary institutions. While some historians, notably Niall Ferguson, hold that the British legacy was a positive one, most historians believe the legacy was a negative one. Instead of being liberal and democratic, the British Empire was anti-democratic. Instead of fostering free trade, the Empire was protectionist toward the outside world. Notions of class and hierarchy were crucial. This article examines the British legacy in two former colonies in Asia--one huge and one tiny: India and Hong Kong. While in Hong Kong, Britain’s legacy has been fairly positive, in India it is quite negative. The British Empire was not a prelude to a modern 21st century Western world of democracy, multiculturalism, and liberal economics. The British Empire was something different– snobbery, hierarchy, and individualism, and must be understood on its own terms.
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Kaliuha, K. "SOME ASPECTS OF THE HISTORY OF THE APPLICATION OF THE PROFILING METHOD." Criminalistics and Forensics, no. 65 (May 18, 2020): 308–16. http://dx.doi.org/10.33994/kndise.2020.65.29.

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The article is devoted to the analysis of the origins of the method of profiling the identity of an unknown criminal. The development of the application of the possibilities of profiling the personality of a criminal and the practice of its application in the activities of law enforcement agencies in the investigation of crimes are investigated. Based on the concept of profiling, as from English. Profile is an integrated crime prevention technique by highlighting the characteristics of persons who committed a crime or are preparing to make it on the basis of psychological, criminological, criminalistic and sociological knowledge; a set of methods and techniques for assessing and predicting human behavior based on the analysis of the most informative signs, forensic portrait of a person, characteristics of appearance, non-verbal and verbal behavior, location, etc. We noted that there is a lot of research by foreign and Ukrainian scientists on the problems of using profiling technology, but not enough attention has been paid to the history of the practice of applying the profiling method. The main names of scientists and the features of their teachings were listed in the abstract, as the stages of development of the introduction of the profiling method in the practice of disclosing and investigating crimes by law enforcement agencies. We said that now the technology of the profiling method is not used as a mandatory measure in the investigation and disclosure of crimes. There are fundamentals of such activities, but it is too early to talk about the widespread use of profiling. At the same time, it can be noted that profiling was successfully used in the disclosure of some resonant crimes related to serial killings. We agreed with individual authors that research on forensic profiling and the behavioral aspects of crimes in Ukraine are in the early stages of development. We noted that since profiling is a young science, it is constantly evolving, and its fields of application are expanding. Today, profiling techniques are used in the field of preventive medicine to correct and prevent the emergence of diseases of psychosomatic etiology. There is also the so-called family profiling, with the help of which specialists try to help family members in solving their family problems. In addition to forensic, criminal and criminological, there is aviation, anti-terrorist, research, psychological, information security profiling, typological. Also, transport, hotel business profiling, personnel, banking and the like. We concluded that profiling technology is a universal comprehensive and modern tool that is advisable to use in law enforcement agencies in investigative, operational, personnel and administrative activities, etc. The history of its development is only gaining momentum. However, today, in law enforcement agencies, not only the profiling technique is not widely used. They do not use this term at all.
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Office, Belmont European Community Law. "European Banking Law." Arab Law Quarterly 4, no. 1 (February 1989): 84. http://dx.doi.org/10.2307/3381451.

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Dissertations / Theses on the topic "English law: banking law"

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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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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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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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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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Ferguson, Kelly Kathleen. "The Law of Meat." The University of Montana, 2008. http://etd.lib.umt.edu/theses/available/etd-05142008-143653/.

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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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Musa, Abdul Samat. "Freedom of expression in English law." Thesis, University of Manchester, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.237410.

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Hardiman-McCartney, Anna Marie. "Substantive review in English administrative law." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608767.

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Spierings, Charlotte. "Unilateral conduct in English private law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:72c0ec9c-f2fa-47cf-a3c6-03ce1dc3f041.

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This thesis explores the question how unilateral conduct can create, vary or discharge obligations in English private law and how unilateral conduct is regulated. First, it is explained that the reason for asking this question follows from the candidate’s background in a civil law jurisdiction, in which unilateral juridical acts are regarded a category of legally relevant behaviour. After observing the obstacles in English law to the recognition of the civil law concept of unilateral juridical acts, a number of examples of unilateral conduct are identified that create legal effect. The focus of the thesis is on examples of unilateral conduct that create, vary or discharge obligations. English law allows the creation of obligations by unilateral conduct only in very specific instances. It is observed that unilateral conduct can create or transfer property rights. The different approach is explained primarily by deeply rooted distinction in English law between words and acts. Subsequently, the thesis discusses how unilateral conduct is regulated. For some issues, notably interpretation, revocability and the intention to create legal effect, similar rules apply to the different examples of unilateral conduct. For other issues, especially mistake and form requirements, the rules diverge. It is concluded that unilateral conduct forms a category of legally relevant behaviour in English law. This category is divided in unilateral conduct that creates obligations, quasi-contractual unilateral conduct that varies or discharges obligations and unilateral voluntary property transactions. Whereas quasi-contractual unilateral conduct is closely related to contracts and should thus generally be regulated in a manner similar to contracts, the unilateral voluntary property transaction is a distinct concept, to which specific rules apply.
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Elkhalifa, Abdel Rahman Ibrahim. "Development and future of English Law and Islamic Law in the Sudan." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97844.

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This thesis addresses The Development and The Future of English and Islamic Law within the given historical, political, social and legal context of the Sudan. In so doing it uses a comparative methodology. Part I highlights the genesis and the development of Islamic Law in the Sudan over three centuries. Emphasis is on the legal aspect of this long history, though other relevant factors are highlighted as well. The characteristics of this era are significant in understanding later developments of both English and Islamic Law as well as their future in the Sudan. Part II focuses on the factors that were conductive to the development of English Law from 1899 to 1956. It examines how the British investment in English legal education, legal training, dissemination of English language and different aspects of the Sudanese public life created a factor of unexpressed consciousness of legal training and affinity which led to the ultimate adoption of English Law and the assimilation of the Sudan into the English legal heritage. Part III presents how the generation of the Sudanese lawyers who were reared in the colonial era enhanced the development of English Law after the independence. Their methodology of adopting and not adapting English Law is thoroughly examined. [...]
Cette thèse traite du développement et de l’avenir de la loi anglaise et islamique dans le contexte historique, politique, social et légal du Soudan. Pour se faire, elle utilise une méthodologie comparative. La partie 1 souligne l’origine et le développement de la loi islamique au Soudan sur une période de trois siècles. L’emphase porte sur l’aspect légal de cette longue histoire, bien que d’autres facteurs significatifs soient également mentionnés. Les caractéristiques de cette période sont nécessaires afin de comprendre le développement ultérieur de la loi anglaise et islamique ainsi que leur avenir au Soudan. La partie il traite des facteurs qui ont mené au développement de la loi anglaise de 1899 à 1956. Elle analyse la facon dont l’investissement britanique dans l’éducation et la formation juridiques anglaises, et dans la dissémination de la langue anglaise, ainsi que les différent aspects de la vie publique soudanaise ont créé une certaine affinité dans les milieux juridiques soudanais avec la loi anglaise; ce qui a abouti à son adoption ultime et à l’assimilation du Soudan dans l’héritage juridique anglais. La partie III présente la facon dont les générations d’avocats soudanais, formés au cours de la période de colonisation, ont participé au développement de la loi anglaise après l’indépendance. Leur méthodologie dans l’adoption et l’adaptation de la loi anglaise est analysée entièrement. [...]
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Books on the topic "English law: banking law"

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R, Paget John. Paget's law of banking. London [England]: Butterworths, 1996.

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Laidlaw, Andrew. Law relating to banking services. 2nd ed. London: Bankers Books, 1992.

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Kienzler, Iwona. Dictionary of economic terms: Banking, finances, law. Warszawa: Wydawn. C.H. Beck, 2004.

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Lewis, A. Law of banking services: The principles. Eastham: Tudor, 1991.

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Martin, Peltzer, and Brooks Jermyn P, eds. German banking law: German-English text of the banking law version published on July 11, 1985 with an introduction in English. 3rd ed. Köln: O. Schmidt, 1990.

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N, Gupta S. The banking law in theory and practice: A comparative study of the English and Indian law of banking. 2nd ed. Delhi: Universal Book Traders, 1992.

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Chorley, Robert Samuel Theodore Chorley. Chorley & Smart leading cases in the law of banking. 6th ed. London: Sweet & Maxwell, 1990.

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Italy. The Italian Unified Banking and Credit Act: Together with selected implementing regulations : an English translation. Milano: Ipsoa, 1994.

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Schneider, Hannes. The German banking system: An introduction to the German banking system and the law on banking supervision with German text and synoptic English translations of the Banking Act, the Federal Bank Act and other legal provisions. 4th ed. Frankfurt: Knapp, 1987.

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Martin, Peltzer, Doyle Jonathan J, and Allen Marie-Thérèse F. Naylor, eds. German Commercial Code: German-English text with an introduction in English. 3rd ed. Köln: O. Schmidt, 1995.

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Book chapters on the topic "English law: banking law"

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Kokkinis, Andreas, and Andrea Miglionico. "Money laundering and terrorist financing." In Banking Law, 179–200. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-12.

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Kokkinis, Andreas, and Andrea Miglionico. "The relationship between banks and customers." In Banking Law, 81–104. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-7.

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Kokkinis, Andreas, and Andrea Miglionico. "EU harmonisation of the banking regulatory framework." In Banking Law, 49–77. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-5.

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Kokkinis, Andreas, and Andrea Miglionico. "Deposit insurance and banking stability." In Banking Law, 296–309. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-19.

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Kokkinis, Andreas, and Andrea Miglionico. "Post scriptum." In Banking Law, 345–53. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-22.

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Kokkinis, Andreas, and Andrea Miglionico. "The regulation of non-performing loans." In Banking Law, 310–26. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-20.

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Kokkinis, Andreas, and Andrea Miglionico. "UK banking resolution and the EU Single Resolution Mechanism." In Banking Law, 267–95. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-18.

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Kokkinis, Andreas, and Andrea Miglionico. "Regulation of bank capital and liquidity." In Banking Law, 203–25. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-14.

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Kokkinis, Andreas, and Andrea Miglionico. "Accounts and payment methods." In Banking Law, 123–40. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-9.

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Kokkinis, Andreas, and Andrea Miglionico. "Systemic risk and systemic stability in the prudential banking framework." In Banking Law, 17–30. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003133636-3.

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Conference papers on the topic "English law: banking law"

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"LAW PROBLEMS IN BANKING (PROTECTION OF CONSUMER RIGHTS IN BANKING SERVICES)." In Global Business and Law Development Imperatives. Київський національний торговельно-економічний університет, 2019. http://dx.doi.org/10.31617/k.knute.2019-10-10.68.

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Bustamar, Zainuddin, and Aidil Alfin. "Sharia Banking Law Reconstruction in Indonesia." In International Conference Recent Innovation. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0009924211621168.

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Özenbaş, Nazmiye. "Crime of Banking Embezzlement in Turkish Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01097.

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White-collar crime, which is perhaps the most important of types of crime in terms of havoc and committed by the superior contrary to common belief, has much more influence than conventional crime. This crimes, are committed by well-respected professionals in their business. Besides, this study explain one of the this type of crime, crime of banking embezzlement. Because of the vital importance of banking to countries’ economy and the detrimental effects of the fraudulent actions of bankers to the well being of a bank and its systemic effect to the other banks in the market, regulators impose criminal sanctions. In Turkey, a special embezzlement offence that can be conducted by bankers is regulated under article 160 of the Banking Law No.5411. This article aims to analyze this controversial criminal offence within Banking Law No.5411 and Turkish Criminal Law No.5237. In this respect, the study includes general information about embezzlement, elements of the offence, special circumstances that affects the nature of the offence, specific forms of the offence and prosecution methods. It should be noted that, the elements and structure of bank embezzlement which is expected in the first paragraph of Article 160 is very similar to the embezzlement which is provided for in the Penal Code. However, the structure of which is conditional embezzlement expected in the third paragraph of that Article is very different from embezzlement provided in the Criminal Code. In the study also, recommendations are presented regarding the upon completion of the crime and trial precondition.
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"INFORMATION SECURITY PROBLEMS IN BANKING." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-21/26.

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"BANKING INNOVATION: FOR AND CONS." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-248/252.

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Terrebonne, R. Peter. "Balancing Tests in English Water Law." In 29th Annual Water Resources Planning and Management Conference. Reston, VA: American Society of Civil Engineers, 1999. http://dx.doi.org/10.1061/40430(1999)134.

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Tsai, Sang-Bing. "Performance Measurement of Banking Supervision: From the Perspective of Banking Supervision Law." In 2017 International Conference on Economics, Finance and Statistics (ICEFS 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/icefs-17.2017.25.

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Baidhowi and Andry Setiawan. "Harmonization of Islamic Law Norms in Sharia Banking Laws." In Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icils-19.2019.39.

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Xia, Yu, and Xianliang Tian. "Banking Efficiency, Law Enforcement and Chinese Provincial Economic Growth." In 2012 National Conference on Information Technology and Computer Science. Paris, France: Atlantis Press, 2012. http://dx.doi.org/10.2991/citcs.2012.13.

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Palmieri, Alessandro, and Blerina Nazeraj. "OPEN BANKING AND COMPETITION: AN INTRICATE RELATIONSHIP." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18822.

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Open banking – promoted in the European Union by the access to account rule contained in the Directive (EU) 2015/2366 on payment services in the internal market (PSD2) – is supposed to enhance consumer’s welfare and to foster competition. However, many observers are fearful about the negative effects of the entry into the market of the so-called BigTech giants. Unless incumbent banks are able to rise above the technological challenges, the risk is that, in the long run, BigTech firms could dominate the market, by virtue of their great ability to collect data on consumer preferences, and to process them with sophisticated tools, such as Artificial Intelligence and Machine Learning techniques; not to mention the possible benefits arising from the cross-subsidisation. This paper aims at analysing the controversial relationship between open banking and competition. In this framework, many aspects must be clarified, such as the definition of the relevant markets; the identification of the dominant entities; the relationship with the essential facility doctrine. The specific competition problems encountered in the financial sector need to be inscribed in the context of the more general debate around access to data in the digital sphere. The evolving scenario poses a serious challenge to regulators, calling them to strike the right balance between fostering innovation and preserving financial stability. The appraisal intends not only to cover EU law and policy, but also to make a comparison with other legal systems. In this respect, something noteworthy is taking place in the United States where, as of today, consumers’ access to financial data sharing has been largely dependent on private-sector efforts. Indeed, Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (passed in the aftermath of the financial crisis of 2008) provides that, subject to rules prescribed by the Bureau of Consumer Financial Protection (CFPB), a consumer financial services provider must make available to a consumer information, in its control or possession, concerning the consumer financial product or service that the consumer obtained from the provider. This provision, which dates back to 2010, has never been implemented. However, on 22 October 2020, the CFBP has announced its intention to regulate open banking, issuing an advanced notice of proposed rulemaking. In light of their investigation, the authors advocate the adaptation of the current strategies to the modified conditions and, in some instances, the creation of novel mechanisms, more suitable to face unprecedented threats.
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Reports on the topic "English law: banking law"

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Iregui-Bohórquez, Ana María, and Jesús Otero. Testing the law of one price in retail banking : an analysis for Colombia using a pair-wise approach. Bogotá, Colombia: Banco de la República, September 2012. http://dx.doi.org/10.32468/be.733.

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2

Hartoto, Annisa Sabrina, and Ken M. P. Setiawan. Membuka Jalan untuk Pembangunan Inklusif Gender di Daerah Perdesaan Indonesia: Bunga Rampai Kajian Aksi Kolektif Perempuan dan Pengaruhnya pada Pelaksanaan Undang-Undang Desa [Forging Pathways for Gender-inclusive Development in Rural Indonesia: Case Studies of Women’s Collective Action and Influence on Village Law Implementation]. Edited by Amalinda Savirani and Rachael Diprose. University of Melbourne with Universitas Gadjah Mada and MAMPU, 2020. http://dx.doi.org/10.46580/124328.

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An edited volume (180K) of 12 analysis case studies (what we call stories of change - SOCs but these are village/region stories not individual stories). The case studies draw on multiple sources of data. These were originally written in Bahasa Indonesia, with abstracts in both English and Bahasa Indonesia. The volume also has an introductory analysis article that has its own analysis and illustrates core points from the case studies – separate and citable (see below). Case studies are organised by the five sectoral themes of the work covered by CSOs (e.g. supporting migrant workers, targeting reproductive health and nutrition, targeting social protection, targeting reductions in domestic and other gender-based violence, and support for informal sector workers who work at home).
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Hartoto, Annisa Sabrina, and Ken M. P. Setiawan. Membuka Jalan untuk Pembangunan Inklusif Gender di Daerah Perdesaan Indonesia: Bunga Rampai Kajian Aksi Kolektif Perempuan dan Pengaruhnya pada Pelaksanaan Undang-Undang Desa [Forging Pathways for Gender-inclusive Development in Rural Indonesia: Case Studies of Women’s Collective Action and Influence on Village Law Implementation]. Edited by Amalinda Savirani and Rachael Diprose. University of Melbourne with Universitas Gadjah Mada and MAMPU, 2020. http://dx.doi.org/10.46580/124328.

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An edited volume (180K) of 12 analysis case studies (what we call stories of change - SOCs but these are village/region stories not individual stories). The case studies draw on multiple sources of data. These were originally written in Bahasa Indonesia, with abstracts in both English and Bahasa Indonesia. The volume also has an introductory analysis article that has its own analysis and illustrates core points from the case studies – separate and citable (see below). Case studies are organised by the five sectoral themes of the work covered by CSOs (e.g. supporting migrant workers, targeting reproductive health and nutrition, targeting social protection, targeting reductions in domestic and other gender-based violence, and support for informal sector workers who work at home).
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4

Diprose, Rachael, Amalinda Savirani, and Tamas Wells. Pembangunan Inklusif Gender dan Desentralisasi Pemerintahan: Memperkuat Suara dan Pengaruh Perempuan melalui Aksi Kolektif di Daerah Perdesaan Indonesia. University of Melbourne with Universitas Gadjah Mada and MAMPU, 2020. http://dx.doi.org/10.46580/124336.

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This peer-reviewed research and policy paper (available in English and Bahasa Indonesia) draws on analysis of how women influence decision making in Indonesia's multi-level governance structure under the new Village Law in Indonesia. The analysis identifies the ways that women, through different causal processes, influence development priorities, spending, projects, policies and policy actors, as well as social norms in communities. The analysis draws from a large, qualitative comparative study conducted in different places throughout Indonesia, providing an analytical framework for understanding variation in social and politico-economic contexts in terms of the constraints and opportunities for gender inclusion and women's empowerment. The research also explains variations in the processes by which women exercise voice and influence in these differing contexts, providing considerations for policy makers and others concerned with gender inclusion, women's empowerment and everyday wellbeing.
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Diprose, Rachael, Amalinda Savirani, and Tamas Wells. Pembangunan Inklusif Gender dan Desentralisasi Pemerintahan: Memperkuat Suara dan Pengaruh Perempuan melalui Aksi Kolektif di Daerah Perdesaan Indonesia. University of Melbourne with Universitas Gadjah Mada and MAMPU, 2020. http://dx.doi.org/10.46580/124336.

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This peer-reviewed research and policy paper (available in English and Bahasa Indonesia) draws on analysis of how women influence decision making in Indonesia's multi-level governance structure under the new Village Law in Indonesia. The analysis identifies the ways that women, through different causal processes, influence development priorities, spending, projects, policies and policy actors, as well as social norms in communities. The analysis draws from a large, qualitative comparative study conducted in different places throughout Indonesia, providing an analytical framework for understanding variation in social and politico-economic contexts in terms of the constraints and opportunities for gender inclusion and women's empowerment. The research also explains variations in the processes by which women exercise voice and influence in these differing contexts, providing considerations for policy makers and others concerned with gender inclusion, women's empowerment and everyday wellbeing.
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