ESF:MPP_PRFI Law and Finance - Course Information

MPP_PRFI Law and Finance

Extent and Intensity

1/2/0. 5 credit(s). Type of Completion: zk (examination).

Teacher(s)

JUDr. Jindřiška Šedová, CSc. (lecturer)
JUDr. Jindřiška Šedová, CSc. (seminar tutor)

Guaranteed by

JUDr. Jindřiška Šedová, CSc.
Department of Law – Faculty of Economics and Administration
Contact Person: Lenka Hráčková

Timetable

each even Monday 12:50–14:30 P104

• Timetable of Seminar Groups:

MPP_PRFI/01: Wed 11:05–12:45 VT203, J. Šedová
MPP_PRFI/02: Wed 12:50–14:30 VT203, J. Šedová
MPP_PRFI/03: Wed 14:35–16:15 VT203, J. Šedová
MPP_PRFI/04: Wed 16:20–17:55 VT203, J. Šedová
MPP_PRFI/05: Wed 18:00–19:35 VT105, J. Šedová

Prerequisites

! PPPAFI Law and Finance
The course builds on the basic knowledge and skills in the area:
- teory of the law
- corporate economics.
Students get the knowledge in the Basic Law course and the Corporate Economics.

Course Enrolment Limitations

The course is offered to students of any study field.

Course objectives

The course is designed as an introduction to the issue of financial services consumer protection. Structurewise, it is composed of four thematic blocks. The introductory part of the course deals with the EU consumer policy strategy and consumer protection in the EU. It also provides definitions of the main consumer protection terms. The second part treats the mechanism of enforcement of compliance with substantive rules of consumer protection . Attention is paid to both public and private consumer protection viewed from the point of view of its purpose and protected interests, institutions in authority, sanctions, resolution of disputes by way of court and out-of-court proceedings. The third part looks at the specifics of consumer protection in the main segments of the financial market with an emphasis on clarification of consumer rights to information prior to contract signing and on the ethical approach compliance when providing financial services. The final part introduces the rules of application for the recovery of claims for financial services consumers in civil court proceedings, by way of reinsurance, in liquidation, in bankruptcy proceedings, in arbitration, by way of out-of-court dispute settlements, through a collecting office or SOLVIT, consequences of lapse and claim limitation.

Syllabus

• A topic per week.
• 1. General questions related to consumer protection.
• A. The EU consumer politics strategy. The EU consumer protection development. The EU consumer protection. Definition of main terms used in the consumer protection legal regulation in the Czech Republic: consumer, consumer status, consumer protection (the purpose of protection, protected interests), etc.
• B. Consumer protection methods (1).
• Mechanism of enforcement of compliance with substantive rules of consumer protection.
• A. Public protection.
• - the purpose of the protection, protected interests;
• - institutions in authority.
• 2. Consumer protection methods (2).
• - breach of substantive rules;
• - consequences of public consumer protection. Administrative supervision and sanctions.
• 3. Consumer protection methods (3).
• B. Private protection.
• - the purpose of the protection, protected interests;
• - institutions in authority;
• - decision-making in the case of a dispute.
• a) Commencement of court proceedings, decision, remedial measures.
• b) Out-of-court dispute settlement – rules for out-of-court proceedings.
• - how to proceed when filing a guarantee claim.
• 4. Consumer protection in the main segments of the financial market (1).
• A. Banking (types of banking contracts, client protection – right to information prior to contract signing, code of ethics in banking and client standards of banks, bank secret).
• B. Consumer credits.
• 5. Client protection in the main segments of the financial market (2).
• C. Financial mediation (types of contracts, code of ethics in financial mediation, services provided under Trade Act, services provided in conformity with special regulations, client protection, etc.)
• D. Investment activity and financial markets (investment ethics, investor protection).
• 6. Client protection in the main segments of the financial market (3).
• E. Leasing (lease contract, ethics of leasing services provision, investor protection).
• F. Contributory pension scheme (contract of contributory pension scheme, pension funds' duty to inform, ethics of contributory pension scheme provision, client protection).
• G. Insurance business (contract of insurance, client protection – right to information prior to contract signing, compliance with ethical principles when providing insurance).
• 7. Application for the recovery of claim made by financial services consumers (in civil court proceedings, by way of reinsurance, in liquidation, in bankruptcy proceedings, in arbitration, by way of out-of-court dispute settlements, collecting office or SOLVIT, limitation and lapse).
• Seminar topics:
• 1. Introductory seminar.
• 2. Consumer protection - means of obtaining unauthorized advantages: power, position abuse, legal protection means, private and public protection.
• 3. Public consumer protection – protected interests of consumers - fairness of financial service provision.
• - unfair business practices;
• - deceptive business practices;
• - aggressive business practices;
• - ban on consumer discrimination;
• Presentation of case studies. Discussion.
• 4. Means of consumer protection applied in the case of substantive rules breach:
• - for investment services provision;
• - for provision of financial services by a stockbroker;
• - for services purchased in internet shops;
• - consumer protection in money-exchange services - consumer protection – financial market abuse, transparency;
• - consumer protection in the case of breach of payment services regulations in the internal market;
• - consumer protection under Trade Act;
• - consumer protection in unauthorized business activity.
• Presentation of case studies. Discussion.
• 5. Consumer protection means – out-of-court dispute settlement:
• - rules for out-of-court proceedings;
• - contact of contending parties through contact point;
• - qualified information handover;
• - mediation;
• - special arbitral proceedings.
• How to proceed when filing a guarantee claim.
• Presentation of case studies. Discussion.
• 6. Banking services consumer protection – right to information prior to contract signing.
• - their duties and obligations;
• - banks duties and obligations towards consumer;
• - prices charged for services provided;
• - manner and date of contract termination;
• - sanctions used in the case of client breach of contractual stipulations.
• Presentation of case studies. Discussion.
• 7. Code of ethics in banking and client standards of banks:
• - a bank’s attitude to its clients;
• - clients’ rights towards banks;
• - banks’ rights towards clients;
• - bank vs. client dispute resolution;
• Presentation of case studies. Discussion.
• 8. Consumer credit contract.
• - consumer credit contracts;
• - a possibility of contract withdrawal or early payoff;
• - personal data protection;
• - APR – annual percentage rate - sanctions and fines stipulated in the contract;
• - suretyship;
• - problems of repayment;
• - responsibility for services’ defects and their claims.
• Presentation of case studies. Discussion.
• 9. Financial mediation.
• - types of contracts;
• - code of ethics in financial mediation.
• Presentation of case studies. Discussion.
• 10. Contract of contributory pension scheme.
• - pension funds’ duty to inform;
• - ethics of contributory pension scheme provision;
• - client protection – right to information prior to contract signing.
• Presentation of case studies. Discussion.
• 11. Application for the recovery of claim made by financial services consumers. Securing an obligation in accordance with the Civil Code and Commercial Code. – Recovery of claims in liquidation. – Collection of a claim in bankruptcy proceedings. Presentation of case studies. Discussion.

Literature

• Zákony: Aktuální seznam bude zveřejněn v ISU/ve Studijních materiálech předmětu.
• Šedová, J. Studijní texty. Brno : ESF, 2009, zveřejněny budou v ISu/Studijní materiály předmětu do 15.10.2009

Teaching methods

Lectures, practical examples, discussion of solved cases, argumentation.

Assessment methods

The course finishes with a written exam. Students are allowed to take the final exam after the following requirements have been met: prescribed seminar attendance.

Language of instruction

Czech

Further comments (probably available only in Czech)

The course can also be completed outside the examination period.
The course is taught annually.
General note: Nezapisují si studenti, kteří absolvovali předmět PPPAFI.

• Enrolment Statistics (Autumn 2010, recent)
  
• Permalink: https://is.muni.cz/course/econ/autumn2010/MPP_PRFI