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Uninsured depositor rights protection in bank insolvency
Date Issued |
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2013 |
Exclusion clauses must explicitly state that they extend to a bank’s oral, as well as written, misrepresentations, include its failure to exercise reasonable care and skill and cover both direct and consequential losses. Practical implications – The paper is focused on particular misleading legal interpretations of the unprofessional client in the context of insolvent Lithuanian bank “Snoras” typology. Another significant issue, analyses problematic aspects of the bank’s obligations, which are very specific in bank bankruptcy frameworks. Thus, bank insolvency affects not only public interest but private interests as well as. Customers' interests are also effected, for that reason, it is necessary to investigate the depositor rights protection area and the first question to consider is, what bank behavior is legally untolerated and unacceptable to depositor certificates holders in bank insolvency? The issue based on the fact that Lithuanian bank “Snoras” actively disseminated deposit certificates ex ante bank insolvency. So what happens ex post and is there any legal chances to treat deposit certificates as an insurance object with the compensation to depositors? The issue is relevant to Lithuania banks depositors, academic society as well as the jurisprudence of Lithuania.