La trasparenza nei settori bancario e finanziario tra evoluzione giurisprudenziale ed obiettivi di armonizzazione giuridica

Abstract

This paper, first delineates the legal concept of “transparency”, its evolution and the particular characteristics it acquires in the banking and financial sectors touching on the complex issue of the relationship between contract and market, between private autonomy and public regulation of the markets.

Secondly, it analyzes the evolution of the complex regulatory framework, derived from European and Italian sources and from primary and secondary sources, on the contractual transparency in the banking and financial sectors.

Finally, it addresses the issue of remedies to the breach of contractual transparency in the banking and financial sectors, takes a look at the evolution of jurisprudence on the identification of effective remedies to violations of the information requirements and highlights its relationship, at times problematic, with the objectives of legal harmonization pursued by the European legislator.