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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
- 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 affords protection to banks customers
- Can the same act give rise to both criminal and civil liability?
- No, these types of liabilities are incompatible.
- Yes, but only if no criminal sanctions are prescribed to the wrongful conduct.
- Yes, if the wrongful conduct both violates criminal and civil law.
- No, a conduct cannot violate both criminal and civil law at the same time.
- If a judicial decision violates a constitutional provision:
- This is not possible because courts themselves define what is or is not allowed under the constitution.
- The constitution should prevail because it is the hierarchically superior source of law.
- The judicial decision should prevail according to the doctrine of stare decisis.
- Both should prevail under a harmonized solution.
- In a civil law system, past judicial decisions:
- Have absolutely no value.
- Bind courts of the same or inferior level.
- Can be considered by courts as an interpretative aid.
- Bind courts but, only if the matter is not specifically foreseen in statutory law.
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