Most countries lack regulations directly addressing liability of lenders for environmental problems caused by their borrowers. Nonetheless, lenders may be held liable under various theories of banking, environmental, tort, and corporate law. This article examines the justifications for holding...

Legal systems impose varying degrees of fiduciary duty on the banks. This paper analyses three models, thereby pointing out the differences between them. First, the Anglo-American model, which does not inherently consider the bank-customer relationship as a fiduciary one, yet it states...

Most countries lack regulations directly addressing liability of lenders for environmental problems caused by their borrowers. Nonetheless, lenders may be held liable under various theories of banking, environmental, tort, and corporate law. This article examines the justifications for holding...

The article deals with class actions against banks and credit card companies under Israeli Law.The article criticizes the conservative approach of the courts and their reluctance to certify the submission of class actions. The courts interpret the conditions set forth in the Law with excessive...

The article deals with the duty of disclosure that is imposed on the bank. Various legal systems impose a duty of disclosure on the bank vis-à-vis the customer. However, this “duty of disclosure” is a narrow duty that only obliges the bank to provide the customer with the informative data...

In recent years, regulatory shaming has been increasingly used by regulators in many countries, in various fields. This chapter examines whether regulatory shaming should serve as an enforcement tool in the banking field as well. As is well known, it is of paramount importance to maintain the...