INDEX
CHAPTER I TUB WORLD AND TUF WORLD: THE FINANCIAL MARKET BETWEEN CREDIT CONTRACTS AND INVESTMENT ACTS
1. Diversity of Forms and Plurality of Banking Regulations in the Global Market and in Pluralistic Society 3
2. Directive 2014/17/EU: Exchange Rate and Interest Rate Risks and the Value of the Random Component in Consumer Mortgage Credits 32
3. The financing agreement excludes the occurrence of so-called negative interest rates and requires the replacement, through either a conventional or judicial process, of the externally set parameter that has become durably negative 47
CHAPTER II THE ACTS AND THE ORGANIZATION OF THE BROKERAGE ACTIVITY
1. Information Forms, Care of Interest and Activity Organization in the Provision of Investment Services 57
2. The nature and structure of investment contracts 99
CHAPTER III THE FORMS AND EVIDENCE OF ORDERS
1. Investment services: the burden of proof of placing individual trading orders 133
2. Online payment and investment orders in the substantive case law and the ABF’s dynamic persuasive source 143
CHAPTER IV CONFLICT SITUATIONS AND ACTIONS OF INTERMEDIARIES AGAINST CLIENTS’ INTERESTS
1. Against the Abolishing Interpretation of Preventive Regulation of Conflict of Interest (and Other Risks) in the Provision of Investment Services 161
2. Preventive Disciplines in Investment Services: the Joint Sections and the Night (of Investors) When All Cows Are Black 187
3. Substance and Precision in MiFID Regulation of Conflict of Interest 205
4. Conflict of Interest and Investor Protection 232
5. Intermediary versus investor: over-the-counter derivatives 254
CHAPTER V DERIVATIVE CONTRACTS
1. Item Derivative contracts 275
2. The seasons of horror in Europe: from Frankenstein to derivatives 303
3. Implicit costs in the Interest Rate Swap 335
4. Homo oeconomicus, homo ludens: the Unstoppable Rise of the Alien Variant of a Marginal Type, the Legally Authorized Bet (art. 1935 c.c.) 359
5. The Private Law Practice of the Intermediary and Over-the-Counter Derivative Contracts as Rational Bets 384
6. Transparency and depth of the over-the-counter derivatives market 409
7. Legal Uncertainty and Risk Calculation in the Legally Authorized Swap Bet 433
CHAPTER VI EMBEDDED DERIVATIVES
1. Embedded derivatives are derivatives and affect the civil law qualification of financing contracts 463
