The Legal Framework of Bridge Bank and Its Effect about Bank Stumbling : A Comparative Study between Iraq and America Banking Law
AbstractGlobal economic developments cast a shadow over the banking activity.These developments with positive or negative effects have contributed to the development of the banking industry. The Iraqi banking sector was not immune to the phenomenon of financial stumbling. More than one bank has been exposed to economic crises that contributed to the collapse and placed under conservation and then liquidation or declaration of its bankruptcy. Banking experts have found that the assignment of banks when exposed to default to forced liquidation or bankruptcy is not right to resort to it starting. These situations have revealed the inability of traditional means - liquidation and bankruptcy - to guarantee the rights of creditors on the one hand, and their negative impact on the national economy on the other. Therefore, new means have been applied to protect banks from default or rehabilitation such as governance, mergers, bank acquisition and bank conservation. However, these methods may not work in many cases, so the jurisprudence of economic and legal in some countries to put forward a new theory has taken its way into force in countries such as the United States and Japan and some European countries and is still in the process of measuring the experience and the impact of success in the countries Others like Iraq. The thesis is the bridge bank. This idea has been adopted by the Iraqi legislator as a theory and applied by the Central Bank as a banking method recently. However, the provisions of the Banking Law have been confusing and sometimes contradictory. The bank to rescue the banks troubled banks, which is trying to provide the necessary solutions about it.
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