چکیده:
Banks, as intermediaries between suppliers and demanders of money, are recognized as merchants based on Articles 1 and 2 of the Commercial Code; therefore, like any other commercial entity, they face the risk of cessation and inability to fulfill their financial obligations and, consequently, suspension and bankruptcy. For this reason, and in order to systematically address this phenomenon, the legal institution of bankruptcy has been accepted in all legal systems. However, the specific nature of a bank compared to other commercial entities raises the question of whether general bankruptcy tools and rules also apply to this area, or whether its characteristics in the macroeconomy necessitate the application of different rules in this area? This article, with an analytical-comparative approach, evaluates these characteristics and concludes that while maintaining general rules, the application of special regulations, including the intervention of the Central Bank in the process of issuing and executing a bankruptcy ruling, is essential.
خلاصه ماشینی:
Shortcomings of the Bankruptcy System for Banks in Iran Seyed Mohammad Tabatabaei Nejad Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran (Date of Receipt: 2015/05/26 - Date of Approval: 2016/02/25) Abstract Banks, as intermediaries between suppliers and demanders of money, are recognized as merchants based on Articles 1 and 2 of the Commercial Code; therefore, like any other commercial entity, they face the risk of suspension and inability to fulfill their financial obligations, and consequently, suspension and bankruptcy.
Accordingly, this article begins by examining the concept and function of a bank as a commercial entity, then refers to the requirements and characteristics of banks that necessitate the application of special regulations separate from the general legal system of bankruptcy, and finally states the necessary legal reforms in this regard.
In this regard, Article 74 of the draft The Law on Banking Without Interest stipulates: The bankruptcy of banks and other credit institutions occurs as a result of the cessation of payment of their debts and the lack of possibility of reconstruction, according to the diagnosis of the Central Bank.
This matter was confirmed by Article 81 of the same law, which stipulated: “In the event of dissolution or bankruptcy of banks, the liquidation of their affairs will be carried out according to the Commercial Code under the supervision of the Money and Credit Council.
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