جستجوی مقالات مرتبط با کلیدواژه « نظام گزیر » در نشریات گروه « علوم انسانی »

Given the importance of banks in countries’ economy, some countries have separated insolvency of banks from bankruptcy of companies. The United States is one of the countries that has completely separated the banks insolvency from companies’ bankruptcy and while the court plays the key role in the bankruptcy of companies, bank regulators decide on insolvency of banks and the Federal Deposit Insurance Company manage the insolvency bank according to the resolution regime that govern on the insolvency of banks. In contrast, in some countries, including Iran, when a bank goes insolvent, it basically applies the general rules of bankruptcy of companies. One of the important differences between these two methods is when they begin the process of resolution and bankruptcy and who beginning these processes. To begin the resolution process, there is no need to issue a court order and the start of this process is only carried out by the views of the bank regulators or the other authorities established by the law, while in the ordinarily bankruptcy regime, the bankruptcy process begins by the bank itself, the bank's creditors, or the judicial authority and the court decides on bankruptcy.

The issue of failure and bankruptcy of financial institutions, especially banks, is one of the most complex legal-economic issues that has generally been addressed within the framework of the usual rules of bankruptcy in private law. The experience of financial crises, especially the crisis of 2009-2008, showed that failure and bankruptcy of banks and other important financial institutions could lead to financial and economic instability. Consequently, in recent years, the issue of financial stability has become one of the main goals of economic and social policy makers, and the special system of bank failure (the so-called Resolution system) has become a pivot point of financial stability, so that Many countries in the world have taken steps to create or develop a resolution system. This article, while introducing the resolution system, evaluates the legal system of Iran in terms of global standards in this field. The findings of the paper show that despite the fact that the legislator in Iran recognized the importance of the issue of bank failure and tried to partially divide the banks` failure arrangements from the failure arrangements for other firms, the establishment of a resolution system for enhancing financial stability and the strengthening of the economic system is urgent