This book provides a thorough and up-to-date account of what is state-of-the-art in the field of contracts relating to selected financial services such as insurance, loans and payments services. It also explores the resolution of disputes arising out of such contracts by ADR bodies in Europe, at national and EU level. In parallel with offering a comparative survey of the most recent legal developments in Europe, the book sheds light on the significance of financial ombudsman bodies for the efficient resolving of consumer disputes. Further, the book illustrates solutions and policies aimed at ensuring a high level of consumer financial education.
Piotr Tereszkiewicz, M.Jur. Oxford (2005); Ph.D. & LL.D. Jagiellonian University in Cracow (2005, 2015), is a Professor of Private Law at Jagiellonian University. His research, published in English, German and Polish, focuses on European and comparative contract and consumer law as well as the law of financial services.
Mariusz Jerzy Golecki, LL.M Cambridge (2001), Ph.D. & LL.D. Lodz (2004, 2013), is a Judge in the Supreme Administrative Court in Poland, a Professor at the University of Lodz. He was the Financial Ombudsman in Poland (2019-2021). He is the author of 5 monographs and 90 or so academic articles.
Contents
Foreword Preface Notes on Contributors
Introduction: Financial Consumers, Complex Contractual Products, and Dispute Resolution – Setting the Scene Piotr Tereszkiewicz
Part 1: Consumer Protection across Different Financial Products
1
Consumer Protection in Polish Insurance Law Piotr Tereszkiewicz and Katarzyna Południak-Gierz
2
Consumer Protection in Portuguese Insurance Law Rui Mascarenhas Ataíde and Francisco Rodrigues Rocha
3
Consumer Protection regarding Banking Deposit Products in Greek Law Georgios Mentis
4
Judicial Review of Standard Business Terms in Payment Services Contracts in German Law Sebastian Omlor and Hans Wilke
Part 2: Foreign Currency Loans in Europe
5
Foreign Currency Loans in Hungary András Pomeisl
6
Foreign Currency Loans in Croatia Emilia Mišćenić
7
Foreign Currency Loans in France Mariola Lemonnier
8
Foreign Currency Loans in Slovenia Jorg Sladič
9
Foreign Currency Loans in Italy Marta Infantino
10
Complex Mortgage Loans in Spain Teresa Rodríguez de las Heras Ballell
11
Foreign Currency Loans and Directive 93/13: The CJUE as a Legal Architect Piotr Tereszkiewicz
Part 3: Financial Ombudsman Bodies and Consumer Protection
12
Mind the Consumer Protection Gap: The UK Financial Ombudsman Service, Fairness and Reasonableness, and the Law Ugochi Amajuoyi and Andrea Fejős
13
Comparative Perspective on the Banking and Financial Ombudsman: Current Limitations and Possible Solutions Francesca Bichiri and Cristina Poncibò
14
The Financial Arbitrator in the Czech Republic Josef Kotásek
15
Collective Redress for Consumers of Financial Services Noah Vardi
16
Judicial Governance and the Financial Markets from the Law and Economics Perspective Mariusz J. Golecki
17
The Role and Nature of Financial Ombudsman Institutions in Business-related Human Rights Jernej Letnar Černič
Part 4: The Way Forward: Building Consumer Protection through Financial Education
18
Financial Education: A Human Rights Perspective on Financial Literacy Karolina Mendecka
19
A Comparative Analysis of National Financial Education Strategies among the Visegrad Group Grażyna Borys
20
Household Approaches to New Technologies in Financial Education in Poland Małgorzata Iwanicz-Drozdowska, Ewa Cichowicz and Łukasz Kurowski
Index
Researchers and legal practitioners in Consumer and Financial Services Law and European Private Law; graduate students in Law, Economics, Finance, and EU Studies; consumer organizations; consumer protection bodies; financial supervision bodies; university and research libraries.