| Abstrakt: |
This article deals with the responsibilityfor the provision of, financial services, particularly imestment services, from the perspective ofEuropean regulatory private law blurring the conventional dichotomy between public and private law. The contract between the provider and the customer is analysed. Finally, the article examines the remedies for breaches ofcontractual obligations, taking Spanish law as the main reference, to conclude thal the predictability of the consequences of breaches in the provision of investment services is an essential element of legal certainty and that it is the. judge who determines due diligence, in accordance with contract law, using the conduct of business rules as a guideline criterion. Case law is contributing to the creation ofajinancial services contract law that complements the generalframeworkof obligations and contracts with financial market conduct rules. The complementary model of European regulatory private law that preserves the autonomy of contract law in the judicial enforcement of conduct of business rules applies. [ABSTRACT FROM AUTHOR] |
