The french approach to banking legal risk treatment Cover Image

Abordarea franceză de calificare a riscurilor juridice bancare
The french approach to banking legal risk treatment

Author(s): Natalia Tîltu
Subject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: Banking risk; legal risk; risk management; control; supervision; gross risks; net risk; classification of legal risks;

Summary/Abstract: Once identified and assessed, legal risks can be treated, controlled and monitored. This is really the purpose of the last two stages of legal risk management.The treatment of risks is done in principle by the implementation of means of mitigating risks, which in legal matters are most often concretized through adequate control policies, an innovative contractual policy and an effective organization of the legal function. With regard to management, it consists of the permanent monitoring of information reported by the business lines, the creation and constant updating of internal procedures with a view to controlling the level of legal risk.The doctoral research revealed the fact that in the banking system of France there is a performant system of consecration and management of banking legal risks - as a fundamental element of the supervisory policy and prudential banking rules. In the following lines we will try to research and generalize the French practice, formulating conclusions and proposing certain solutions for the legislator from the Republic of Moldova.

  • Issue Year: 1/2023
  • Issue No: 17
  • Page Range: 277-290
  • Page Count: 14
  • Language: English, Romanian