Study of Legal Problems of Derivatives and Other New Financial Products

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This project intends to analyze the legal problems concerning the innovative financial products such as derivatives. Derivatives products are, because of their special characteristics, giving rise to complicated problems in many fields of law, such as civil- and commercial law, banking Law, securities law, tax law. Members of the project investigated law and practices of derivatives in Japan and foreign countries comprehensively, and presented the possible solutions under the existing Japanese legal system. Furthermore they tried to describe the new legislative measures that are required for the sound developments of the derivatives in Japan. Subjects taken up under the project are, for instance, treatment of derivatives transacions under the bankruptcy proceeding, and distinction derivatives from insurance or wager in the field of private law. In the fields of banking law and securities regulation, regulation on the OTC-derivatives and risk management system in the financial institutions concerning the derivatives are main topics. Some members of the project reported on the results of the reserch at the sympojium of the Japanese Society of Law of Finance in October 1998, and they also contributed greatly to the recent amendments of the Banking Act and the Securities Transaction Act.