Ethik und Recht im Kreditgeschäft

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Abstract Based on the norm systems of Law and Ethics, the work firstly combines traditional credit law with the economic analysis of law, the philosophy of law and legal policy, and with business ethics. For the credit business, elements of self-regulation (code of conduct/ombudsman procedures) are contrasted with a regulation for legislation and jurisdiction followed by an assessment to determine their ethical merits, effectiveness and optimization potentials. Twelve legal ethical principles prove to lead the credit business, which are analyzed and undergo an in-depth analysis subject to the profile of the borrower or guarantor (consumers, entrepreneurs, SMEs, public authority) and for individual subject areas. The author discloses both parallels and differences between the contents and the implementation of the two norm systems for the credit business and proves their mutual interlacing. With limits of effectiveness demonstrated when the two systems are considered individually, she advocates a complementarity of both norm systems.