Studying the Legal Liability of Interested Parties in Banking Regulation

• Project/Area Number: 24730083
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Kagawa University
• Principal Investigator: MAEHARA NOBUO 香川大学, 法学部, 准教授 (30380140)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Project Status: Completed (Fiscal Year 2014)
• Budget Amount: ¥2,210,000 (Direct Cost: ¥1,700,000、Indirect Cost: ¥510,000); Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000); Fiscal Year 2013: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000); Fiscal Year 2012: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
• Keywords: 金融法 / 規制当局の責任 / 規制の先送り / 銀行法 / 民事法

Outline of Final Research Achievements

The managements will be required to assume responsibility for the failure of financial institutions. Financial regulators are no exception. In UK and Germany, failure of financial institutions has led to liability claims being directed against financial regulators. On the other hand, under US law, regulatory forbearance is widely blamed for S&L crisis and recent subprime mortgage crisis. In this context, the purpose of this study is to examine regulatory forbearance and financial crisis in US. Result showed that the existing regulatory and supervisory framework has structural problems leading to regulatory forbearance.