La posible falta de diligencia de la Comisión Nacional del Mercado de Valores y/o Banco de España en relacióncon los instrumentos de capital híbridos (participaciones preferentes)

This essay has no other purpose than to analyze the possible liability of the State, articulo 106.2 constitutionally proclaimed in the Constitution and developed in the arts. 139 and following of the Law 30/1992, of November 26 and Royal Decree 429/1993, of March 26, in connection with which it is considered poor functioning of the National Stock Exchange and / or bank Spain in the exercise of its functions, specifically in regard to their required financial oversight of banks and in particular for those who, in recent years, traded preferred securities and / or subordinated debt from retail customers. Thus exposure is to the problem that occurred in relation to the indiscriminate sale of banking products alluded to and that led to obvious economic losses to close the secondary market, and the obvious presence of a causal link between the failure and dereliction of duties protection of investors or investors who draws law alluded organs and damages mentioned.