| Abstract [eng] |
In this thesis "Bankruptcy of Commercial Bank", the author, Ben Marcalis, analyses the regulation of bank insolvency in the European Union and Lithuania. As bank insolvency is a specific insolvency law institution, the author discusses the causes of bank insolvency, the conditions for bank insolvency and ways and means to prevent bank from insolvency. For this purpose, the content of European Union legislation has been analysed, the position of various European Union institutions on different issues has been reviewed, and the general causes of bank insolvency have been discussed, as well as the objectives of European Union regulation have been identified. As regards the complexity of bank insolvency regulation, the process was discussed by considering not only insolvency, but also other branches of law (e.g. financial law). The work also compares similar institutions in the legal systems of the European Union and the United States, discusses the potential challenges in dealing with bank solvency and identifies the advantages of the different frameworks. The different resolution tools, their conditions of application and their potential impact have been reviewed. A comparison of the resolution regimes in the European Union and the United States highlighted the positive and negative aspects of both jurisdictions and the compliance of different jurisdictions with international standards. Finally, the thesis assessed the Lithuanian bank insolvency regulation in the light of the substantial changes in the insolvency regulation of legal persons in Lithuania. Taking into account the objectives of the legislator, the specific rules applicable to bank insolvency have been analysed, their shortcomings have been highlighted, and possible future challenges to their application have been identified. |
