Bank differentials from companies and the effect of these distinctions on bankruptcy regime (comparative study in American and Iranian law)

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ISSAEI TAFRESHI MOHAMMAD; SHAHBAZINIA MORTEZA; Shirvani Khadije

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:2 (104) Page(s): 83-108

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Title

Bank differentials from companies and the effect of these distinctions on bankruptcy regime (comparative study in American and Iranian law)

Author(s)

ISSAEI TAFRESHI MOHAMMAD | SHAHBAZINIA MORTEZA | Shirvani Khadije | Issue Writer Certificate

Keywords

BankruptcyQ1

BankQ1

Trial processQ1

Administrative ProcessQ1

American lawQ1

Iranian lawQ2

Abstract

Due to the particular role they play in macroeconomics and the fact that they offer a unique set of services to the general public, Banks have attracted attention of legislators. Considering the Bank's Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy and its very negative effects, especially since the great economic crisis that began in 1929 in the United States and then spread to the whole world, began and the legislators concluded that the general rules of Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy of companies to handling insolvency of Banks is not enough. Therefore, in most legal systems of the world, when a business company is Bankrupt, it is governed by general Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy rules. But if a Bank goes Bankrupt, it has tried to consider specific rules for their Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy considering the specific nature of Banks in the country's economy and the differences with other commercial companies. The United States is one of the systems in which Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy regulations of Banks are completely different from corporate Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy regulations. In Iranian law, though, unlike the US the Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy system of Banks is not completely separate from the Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy system of the companies, and if the Bank goes Bankrupt, the rules of the Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy act are considered to be general regulations and other monetary and Banking regulations are specific rules, and the result is that, in the absence of specific provisions, apply the Bankruptcy/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Bankruptcy rules of commercial act are implemented.

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APA: Copy

ISSAEI TAFRESHI, MOHAMMAD, SHAHBAZINIA, MORTEZA, & Shirvani, Khadije. (2019). Bank differentials from companies and the effect of these distinctions on bankruptcy regime (comparative study in American and Iranian law). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(2 (104) ), 83-108. SID. https://sid.ir/paper/367869/en

Vancouver: Copy

ISSAEI TAFRESHI MOHAMMAD, SHAHBAZINIA MORTEZA, Shirvani Khadije. Bank differentials from companies and the effect of these distinctions on bankruptcy regime (comparative study in American and Iranian law). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(2 (104) ):83-108. Available from: https://sid.ir/paper/367869/en

IEEE: Copy

MOHAMMAD ISSAEI TAFRESHI, MORTEZA SHAHBAZINIA, and Khadije Shirvani, “Bank differentials from companies and the effect of these distinctions on bankruptcy regime (comparative study in American and Iranian law),” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 2 (104) , pp. 83–108, 2019, [Online]. Available: https://sid.ir/paper/367869/en

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