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2015 Fiscal Year Final Research Report

A Comparative Study concerning legal Regulation of Rating Agencies

Research Project

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Project/Area Number 24530097
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeMulti-year Fund
Section一般
Research Field Civil law
Research InstitutionSeijo University

Principal Investigator

YAMADA Tsuyoshi  成城大学, 法学部, 教授 (30282966)

Project Period (FY) 2012-04-01 – 2016-03-31
Keywords格付会社 / 民事責任 / 比較法 / 金融商品取引法 / ドットフランク法
Outline of Final Research Achievements

As a conclusion of my research is that the civil responsibility of the credit rating agencies depends on whether its contract is existed or not, official or non-official rating.As for the non-official rating, it is estimated that the credit rating agencies are not responsible for general investor and the nation. But for the official ratings, even if internal proceedings are same, it might cause the damages and tort because there exits the contract between clients and the credit rating agency. Same time, if the understanding of the basic conditions is different, there would be damages also. In that case, there is causality between the negligence and damages. As a result, there might be responsible for the credit rating agencies, concerning the ratings.
In this way, in my research, I would classify into two categories of the credit rating,I pointed out that there exits the gap of the civil responsibility.

Free Research Field

民事法学

URL: 

Published: 2017-05-10  

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