| Project/Area Number |
15330017
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
IWAHARA Shinsaku The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (20107486)
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| Co-Investigator(Kenkyū-buntansha) |
EGASHIRA Kenjiro The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (20009822)
OCHIAI Seiichi The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (80009852)
TOMONOBU Yamashita The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (10107485)
KANDA Hideki The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (90114454)
FUJITA Tomotaka The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (80209064)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥7,600,000 (Direct Cost: ¥7,600,000)
Fiscal Year 2005: ¥2,200,000 (Direct Cost: ¥2,200,000)
Fiscal Year 2004: ¥2,200,000 (Direct Cost: ¥2,200,000)
Fiscal Year 2003: ¥3,200,000 (Direct Cost: ¥3,200,000)
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| Keywords | Financial Law / Commercial Law / Securities and Exchange Law / Trust Law / Financial Products Transaction Law |
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| Research Abstract |
Our research has made clear the following points. First, we need to legislate investors protection law which covers all kinds of financial transactions, including banking, securities, insurance and new financial transactions such as financial derivatives and which implements the suitability rule and the trustee liability rule more concretely etc. This legislative proposal has been partially realized by the enactment of the Financial Products Transaction Law of 2006. Second, we have conducted research on problems concerning settlements in financial markets and on conflicts of interests problems in financial markets and have made clear the concrete contents of legislation which we need to implement. Third, legislative defects of investment schemes in Japan have been detected by our research and how we should interpret the present financial laws and what kinds of legislation should be implemented has been made clear by our research. Fourth, we have made clear the risk management and governance problems which have been derived by developments of financial conglomerate formations and how we should legislate to deal with these problems. Fifth, we have made clear the needs and directions of legislation of financial supervision laws.
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