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Banking Law: Is not private law; affords banks more protection than civil law; affords consumers more protection than civil law; regulates the banking system and

  1. Banking Law:
  1. Is not private law;
  2. affords banks more protection than civil law;
  3. affords consumers more protection than civil law;
  1. regulates the banking system and affords protection to banks customers
  1. Can the same act give rise to both criminal and civil liability?
  1. No, these types of liabilities are incompatible.
  2. Yes, but only if no criminal sanctions are prescribed to the wrongful conduct.
  3. Yes, if the wrongful conduct both violates criminal and civil law.
  4. No, a conduct cannot violate both criminal and civil law at the same time.

  1. If a judicial decision violates a constitutional provision:
  1. This is not possible because courts themselves define what is or is not allowed under the constitution.
  2. The constitution should prevail because it is the hierarchically superior source of law.
  3. The judicial decision should prevail according to the doctrine of stare decisis.
  4. Both should prevail under a harmonized solution.

  1. In a civil law system, past judicial decisions:
  1. Have absolutely no value.
  2. Bind courts of the same or inferior level.
  3. Can be considered by courts as an interpretative aid.
  4. Bind courts but, only if the matter is not specifically foreseen in statutory law.

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