The master’s thesis titled “Prohibited practices in the financial instruments market” exposes the subject matter in a critical and comprehensive way, while principally considering Slovenian and European legislation.
The thesis begins with a short introduction into the subject matter and proceeds by offering an outline of the historical development of American, European and Slovenian regulations, particularly emphasizing on the latter.
The main part of the thesis deals with the two forms of market abuse, namely insider trading and market manipulations. The author offers a precise analysis of those two forms of market abuse by considering the legislature, the legal theory and the relevant case-law.
The next section of the thesis focuses on the measures for protection of the financial instrument market and the role of both the European and the national supervisory authorities in using preventive measures as well as detecting and sanctioning market abuse. A minor part of the thesis deals with the criminal nature of some market abuses.
The author concludes the thesis by analyzing the civil-law aspects of market abuses, specifically market abuses amounting to torts and the consequent civil liability.