Reflections on civil culpability and accountability in the destabilization of financial institutions

Abstract

Purpose

The purpose of this paper is to try and trace a new itinerary in the matter of the destabilization of financial institutions, i.e. the identification of a catalogue of measures that private law can offer in order to make sure that all unlawful initiatives resulting in the loss of credibility of financial markets and prejudice to the public at large do not escape the imposition of all possible liabilities.

Design/methodology/approach

The matter here applied consists of the recourse to a number of experiences deriving from European legal systems that have tackled the phenomenon of unlawful attacks on the integrity of the financial markets through individual or organized acts. This comparative approach also benefits from the scrutiny of both legislation and judicial decisions: the latter are also looked at from the perspective of legal authors.

Findings

The most striking result of the research is that the instruments provided for by the private law remedies seem to be very efficient in the contrast of unlawful practices adversely affecting financial markets: the new spirit emerging from this survey is that it is imperative to set aside all contracts and agreements aimed at creating illicit ways to make profits and hide their origins.

Practical implications

The practical implication should be to encourage all institutions with the task of checking the good functioning of financial markets to avail themselves of the tools here described to stabilize markets and deprive illegal contracts of their ill effects: it would be most desirable if such an approach were to be taken.

Originality/value

The novelty lies in the new approach described above (practical implications).

Citation

Serio, M. (2010), "Reflections on civil culpability and accountability in the destabilization of financial institutions", Journal of Financial Crime, Vol. 17 No. 3, pp. 333-336. https://doi.org/10.1108/13590791011056291