Legal Literature

  • Legal Literature Details
    • Member State: Belgium
    • Title: Applying the Belgian Law on Market Practices and Consumer Protection to Financial Services: Selected Issues
    • Subtitle:
    • Type:
    • URL:
    • Author: V. COLAERT
    • Reference: V. Colaert, ''Financiële diensten en de Wet Marktpraktijken: enkele knelpunten '', BFR 2011, p. 87-116
    • Publication Year: 2011
    • Keywords: financial services, full harmonisation, general discussion on the national implementation, minimum harmonisation
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 3, 9.
  • Headnote
    The author criticises the complexity in determining the applicable national consumer and/or financial legislation with regards to financial instruments and services and the relationship/prevalence between both. The author feels that this complexity is caused by the inconsistent differentiation by the legislator between such financial instruments and services.

    The notion "financial service" must be differentiated from "financial instruments" which are excluded from the scope of the Belgian Law on Commercial Practices. The author pleads for the replacement of this general exclusion of financial instruments by specific exclusions as the latter are only rarely required.
  • General Note
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