Financial Law Essay Help
Financial Law concerns commercial law and the principles upon which its legislations are formulated by the courts and the house of commons. To produce a financial law essay, students are required to extensive study of commercial law.
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Free Guide; Financial law essay:
Financial law is the legislative framework established by the English legal system to make sure that financial institutions follow a specific code of conduct act in accordance with the law to ensure well being of the general public and business parties. Financial law is derived from commercial law which deals with applying rules and regulations to ensure free-flowing commerce between individuals and businesses.
Financial regulations not only keep financial institutions at bay from exploiting consumers and other contractual partners but also the regulation plays an important part in maintaining the government's monetary policy which regulates the country's economy. This includes the money supply flowing into the economy determining the spending patterns of consumers as well as the level of interest rate which is set by the state bank and implemented by all financial institutions across the country.
Components of Financial Law:
Financial law is categorized into 3 components that provide a better understanding of financial law in the UK:
1. Market practices: The steps taken by financial institutions according to the market dynamics are market practices such as selling goods or services and implementation of index transactions. The law firms and businesses market practice lay the legislative policies set by the state to ensure legal and lawful market practices, which do not violate the contractual agreement, commercial law, and so forth.
Legislations such as the Financial Act of 1946 allowed the establishment of The National Savings and Investment, which sets interest rates to attract savers investment locally and overseas. The interest rates sets by the NS&I are implemented by the financial institutions as part of their market practice.
2. Case law: This category allows market practices to be applied in a pragmatic approach so that laws and regulations are effectively implemented by individuals and businesses. The introduction of security charges by the English courts allowed creditors to recourse to the property or any asset offered as collateral by the debtor if in case the debtor defaults.
Moreover, security and choice of action are code of conducts that allows better implementation of market practices as individuals and businesses would then face the consequences of their actions.
3. Regulation and Legislation: This place contains Acts which are set by the English legal system to ensure the implementation of financial law. Such acts include the Borrowing (Control and Guarantees) Act 1946, Finance Act 1965, and Finance Act 2010.
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