2002 Fiscal Year Final Research Report Summary

Study on Problems about Insolvency of public Corporations and financial Institutions

Research Project

Project/Area Number	13620053
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Kobe University
Principal Investigator	YAMAMOTO Hiroshi Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20143349)
Project Period (FY)	2001 – 2002
Keywords	Public Corporation / Financial Institute / Insolvency
Research Abstract	The following contents about the legal problems which arose in the insolvency of a public corporation or a financial institute. 1 The automatic dissolution of the derivative contracts and their bulk liquidation are valid under Japanese bankruptcy code. Therefore there is no need for legislative act toward the derivative contracts the party of which is a financial institute. 2 The enactment of the civil rehabilitation law does not effect the inability of a public corporation to be a bankrupt. 3 The selection of an agent by the court under new Japanese corporate reorganization law aims not to protect creditors but to reduce legal costs.

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