الاستردّاد المصرفي (دراسة مقارنة)

Rp- bank refund A comparative study .pdf

This specialized study in commercial law focuses on bank recovery, which is one of the modern topics in the field of legal studies, as these studies do not cover the detailed aspects, despite the fact that the Iraqi legislature and comparative legislation were mentioned directly in the texts regulating the deposit contract on it, but they did not In a general text of its own, and despite the great importance of this topic of protecting depositors’ money and ensuring their recovery under normal conditions such as bank bankruptcy or exceptional circumstances represented by a sudden deterioration in the exchange rate of the local currency and a rise in the exchange rate of the foreign currency and its impact on the banking sector. Banking work depends on the elements of trust and credit, whenever the depositing customer realizes that there is a law that regulates his right to recover his money and protects his deposited money, and as a result of this realization, it will lead to an intensification in banking activity and an increase in depositing money with the bank instead of hoarding it in homes and thus economic prosperity in the situation for the country.
The main problem in the study lies in clarifying the extent of the customer’s right to recover his money deposited in the bank, whether in normal or exceptional circumstances, and clarifying whether the Iraqi legislature and comparative legislation regulate this right in general texts of its own in its legislation under the title of bank recovery, despite the fact that it was addressed In scattered legal texts.
In order to identify the most important problems posed by the study, in order to fix them, there must be issues to be addressed, represented by the presence of a legal study covering all the molecules of this subject. And also to submit suggestions for legal texts that the Iraqi legislator and comparative legislation must take into consideration, and among these suggestions is that the Iraqi legislator must regulate the right of bank recovery with general texts that are its own, in order to apply them to recovery in the event that its conditions are met.