Academic activities

Caputo Nassetti is Professor of Banking Law at the University of Ferrara and has taught Private Law Institutions at the Bocconi University of Milan for nine years. He is the author of numerous publications on banking and economic-financial matters.

His interest in law combined with his professional practice led Caputo Nassetti towards research activities and then, as a natural progression, towards academic teaching.

His research activity began in 1989 with his first publications on civil and banking law.

The first publications, after the aforementioned thesis, date back to 1990 in the journals Diritto del commercio internazionale and Bollettino tributario di informazione.

The first book dates from 1991 and is entitled “Brevi note sui coefficienti patrimoniali bancari”, published by Bancaria Editrice.

The scientific activity is stimulated by the development of new economic phenomena and in particular of new contractual cases known by the term “derivative contracts“, which since the early nineties are experiencing an impetuous commercial development, remaining ignored by doctrine and jurisprudence for several years.

These studies led to the publication of the second book dedicated to the causal analysis of these cases: Civil law profiles of financial “derivative” contracts, Giuffrè, 1997 (pp. xii, 476).

Caputo Nassetti participates in the committees of the International Swap and Derivatives Association, ISDA, in New York, the worldwide association of derivatives dealers, dedicated to the preparation of standard contracts used in international markets.

The experience gained in this field and the apex and international operational responsibility for the financial activities of Banca Commerciale Italiana led to further doctrinal contributions that resulted, among others, in the “Trattato sui contratti derivati di credito”, published in 2000 (Egea, pp. 912) with a preface by the Nobel Prize for Economics, Myron Scholes. This volume also saw a second updated edition published in 2001. He has published two other volumes on the same subject: I contratti derivati di credito – Profili civilistici e regolamentari, Giuffrè, 1998 (pp. xv, 288) and I derivati di credito Aspetti civilistici, contabili e fiscali, Giuffrè, 2001 (xviii, 447).

The development of new contractual cases, the jurisprudence formed in the meantime and some pathological phenomena led Caputo Nassetti to deepen his research and to identify a new and organic civil law framework of the complex phenomenon of derivative contracts. These contributions were published in his sixth book “I contratti derivati finanziari”, published in 2007 (Giuffrè, pp. xviii, 597). The second updated edition was published in May 2011, doubling the size of the volume (pp. xviii, 918).

Professor Franco Bonelli considered Caputo Nassetti “one of the greatest experts in this matter” (Presentation of the last cited volume) and other Authors consider him “the scholar who, in Italy, has deepened the analysis of the phenomenon” (B. Quatraro, F. Dimundo, La verifica dei crediti bancari…, in Banca, borsa titoli di credito, supplement to No. 5/08, p. 273). In 2013, he edited the entry “Derivative financial instruments” in the Encyclopedia of Law.

The banking experience gained over a number of years on the legal, credit and financial aspects of loans linked to contracts and project financing has made it possible to put together in a book entitled “L’appalto bancabile” (Giuffrè 2017) a study of the clauses that are usually included in contracts in order for them to be considered adequate to allow financing of the principal or the contractor. In fact, practice has identified two diametrically opposed types of procurement contracts in terms of exceptions to the Civil Code and specific clauses depending on whether the principal or the contractor is financed.

He collaborates with a number of legal journals, including Giurisprudenza Commerciale, on articles and comments on judgments.

He has participated as a speaker in numerous scientific and educational conferences not only on these subjects, but also on financial aspects of various economic phenomena.

The teaching activity started awith some university lectures on these banking subjects. The first lectures were at the London School of Economics, then at the Luigi Bocconi University and later at the University of Genoa and at the Libera Università Internazionale degli Studi Sociali LUISS in Rome.

For nine years (from the academic year 1998-99 until 2007-2008) he was a lecturer on contract for the course of Institutions of Private Law at the University Luigi Bocconi.

The University of Ferrara awarded him, in accordance with Article 23 of Law No. 240 of 30 December 2010 (so-called “clear fame”), the teaching post of Banking Law (Official Course) for the Master’s Degree in Law.

Other areas of research and study were irregular pledging, securitisation, bank asseveration, transfer of bank credits, subordinated or subordinated debt and, while living in Japan, withholding taxes, bankruptcy law and insolvency risks in regulated markets as documented by numerous scientific contributions published in national and international journals in the field.