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:: Volume 21, Issue 75 And 76 (3-2017) ::
__Judicial Law Views __2012__, 21(__59__): __22432 Back to browse issues page
Prevent bank failures
Mahmoud Bagheri 1, Mahboubeh Saghoouri 2
1- Associate Professor Tehran university , mahbagheri@ut.ac.ir
2- MA The University of Judicial Sciences and Administrative Service
Abstract:   (147 Views)

Emergence of banking crises in recent decades, has shown the deficiency of bankruptcy regulation to deal with this type of business. So Legislators around the world following certain rules have begun to reduce its adverse effects. Factors such as Systematic risk of the public trust in the banking system, particular role of banks in the financial system, priority of  preserving the integrity of financial system over creditors' rights, and need for special supervision of banking activities, induce differentiation of regulation of bankruptcy of banks from other merchants and general rules of bankruptcy. In Iran's law, bankruptcy of banks is viewed as a bankruptcy of other merchants which is not look desirable at all. Differences in the goals, the references to the bankruptcy of banks, the failure to pay attention to the different functions of the legal suspension of banking activities that lead to systemic risk, and the existence of a recovery and refinement phase with due regard to the status and performance of banks, are issues that encourage iranian' legislator to review the Current rules.
 

Keywords: banks bankruptcy, corrective action and restructuring, purification, Ball Committee
Full-Text [PDF 482 kb]   (80 Downloads)    
Type of Study: Applicable Research | Subject: General Law
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Bagheri M, Saghoouri M. Prevent bank failures. دیدگاه های حقوقی. 2017; 21 (75 and 76) :1-32
URL: http://jlviews.ir/article-1-985-en.html


Volume 21, Issue 75 And 76 (3-2017) Back to browse issues page
فصلنامه دیدگاه های حقوق قضایی Judicial Law Views Quarterly
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