Financial law
Financial law is the most dynamically developing area of the legal orders in all the states throughout the world. It is also a set of the least stable legal norms. Financial law is a branch of law, which is not codified, i.e. not included in a single code, as it is rather based on incorporation of numerous legal norms. All these factors are very problematic for both legal science, and legal practice and didactics.
We wil help your organization to formulate the following conclusions:
- Financial law should be divided into a basic part and a special part, • introduction of the basic part of financial law should be a treatise on finances, financial relationships, financial activities, financial administration and financial science, • furthermore, the basic part of financial law should contain a part dealing with the concept and position of financial law in the legal order, principles and fundamentals of financial law, object, subject and content of financial law, the system of financial law, relationship of financial law to the other branches of law, international, sources of financial law, financial law relationships, control and supervision in the area of financial law and the consequences of a breach of financial law,
- the special part of financial law is further divided into a fiscal and a non-fiscal part, • part of the fiscal part of financial law is undoubtedly budgetary law (in the narrow sense) and tax law (in the broad sense),
it need to be clarified if the fiscal part of financial law includes grant law, law on expenditures of social security, public law part of public procurement law or accounting (or balance) law, • the non-fiscal part of financial law includes monetary law, foreign exchange law and financial market law; we can discuss about integration of foreign exchange law into monetary law, • the non-fiscal part of financial law should also include a public law part of banking law and insurance law.
The hypothesis that should have been proved or disproved is the statement that the system of Financial Law and Financial Science evolves dynamically as well as Financial Law and Financial Science develops due to the development of organization. It is a challenge for financial lawyers to modify the system of financial law so that it corresponds to current development of organization and law within the area of finances.