International financial crisis and bank statization in Germany

Facing an international financial crisis that could lead its own financial system to the brink of collapse, the german government needed to show political will in order to save financial institutions in risky situations. This article analyzes the legal strategies used to rescue the financial system,...

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Bibliographic Details
Author: Albuquerque, Roberto de Araújo Chacon de
Format: article
Status:Published version
Publication Date:2010
Country:Brasil
Institution:Fundação Getulio Vargas (FGV)
Repository:Revista Direito GV
Language:Portuguese
OAI Identifier:oai:ojs.periodicos.fgv.br:article/24140
Online Access:https://periodicos.fgv.br/revdireitogv/article/view/24140
Access Level:Open access
Keyword:international financial crisis
financial system
bank institution
statization
Germany
Crise financeira internacional
Sistema financeiro
Instituição bancária
Estatização
Alemanha
Description
Summary:Facing an international financial crisis that could lead its own financial system to the brink of collapse, the german government needed to show political will in order to save financial institutions in risky situations. This article analyzes the legal strategies used to rescue the financial system, including the statization of banking institutions as an ultima ratio.  Prior to the bank statization established by the rescue takeover act, the financial market stabilization act foresaw an increase in the capital oF financial institutions by means of state control without statization.  This last act, nonetheless, has not been considered enough to avoid the collapse of a banking institution that is relevant for the whole financial system such as hypo real estate (HRE)