I contratti derivati. Criticità, rimedi e prospettive tra diritto interno e comparato

Synopsis of I contratti derivati. Criticità, rimedi e prospettive tra diritto interno e comparato

This legal work provides an in-depth analysis of financial derivative instruments, exploring both their economic facets and their legal implications. Author Alessandro Benincampi examines the complex interplay between national and supranational regulation, highlighting how the lack of uniform solutions to regulatory challenges has left the definition of remedies to national interpretation. The book proposes a comparative approach to move beyond the current investor protection system, which often equates investors with consumers, thereby encouraging opportunistic behavior. Through rigorous analysis, it advocates for a transition toward a more balanced protection of the parties, moving away from the paternalism that currently characterizes the field and offering a critical perspective on the civil law protection of derivative contracts.