Associating the notion of risk with the civil liability in banking

This study has two main target. First of all is putting forward a legalistic approach towards the concept of risk as the essential notion of banking risk and the management of these risks as well as seeking of the respond for the question of how can be react against the banking risks by the financial structure of the banks. Up to now the notion risk which covers the involvement of financial scientists, thus will the topic of juridical monograph as the first time within the existing literature. At the same time, within the extend of first target of study, it will be attempted to contribute the legal peculiarity to the notion of risk by developing a critical and a therotical approach, towards the notion of risk management which has been claimed that risk management has not a kind of legal base and framework. In this context, especially the works sociologists and the national and international regulations pertaining with the banking risks become inspring in this study. The financial structure of the banks and their protection against the banking risks tried to be explained by using the generally accepted banking principles.The second and intrinsic aim of thesis study is the analysis of liabilities which may be emerged as a result of mis administration of banking risks especially derived in respect of fault and negligence. In this framework, firstly the content of the duty of care by directors? and the nature of the standard of care, later it will be analyzed whether the directors? are responsible from the resolutions which includes the commercial risks. Within the content of this study some solutions will be presented for the possibility of implementing for the business judgment rule which flourished and developed within the USA jurisdiction by the bank directors.