Studying the Legal Issues Arising in the Failure of Banking Corporations

Research Project

Project/Area Number	20730068
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Kagawa University
Principal Investigator	MAEHARA Nobuo Kagawa University, 法学部, 准教授 (30380140)
Project Period (FY)	2008 – 2009
Project Status	Completed (Fiscal Year 2009)
Budget Amount *help	¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000) Fiscal Year 2009: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2008: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Keywords	金融法 / 銀行法 / 国家賠償
Research Abstract	In foreign countries, Bank failures have led to liability claims being directed against supervisory authorities. These claims are particularly introduced by depositors with the failed banks who have not managed to recovery their deposits. In this context, the purpose of this study is to examine the legal framework for liability of the banking supervisory authority in Germany. Result showed that protection of supervisory authorities through immunity from liabilities is not to be justified because of several legal issues.