Credit Derivatibe and Insurance Regulation

2015 Fiscal Year Final Research Report

• Project/Area Number: 26780061
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Shimane University
• Principal Investigator: KAMURA YUJI 島根大学, 法文学部, 准教授 (90581059)
• Project Period (FY): 2014-04-01 – 2016-03-31
• Keywords: 保険の意義 / クレジット・デリバティブ

Outline of Final Research Achievements

This research considers a problem of legal difference between insurance and a credit derivative by making reference to argument of an American law.
A dominant view of our country has explained legal difference between insurance and a credit derivative using "the indemnify standard". But there was a limit which can't explain a difference with insurance sufficiently about dealings like covered CDS with a possibility that an element of indemnify is possessed under this view. I think it's possible to put a relation between insurance and a credit derivative in order by using a substantial reason as "the evasion of regulation purpose standard" as well as " the indemnify standard " by this research about this point.

Free Research Field

保険法　金融商品取引法