The Legal Basis for the Bank's Civil Liability for Granting Credit Facilities
Journal of college of Law for Legal and Political Sciences,
2018, Volume 7, Issue Issue 27 part 1, Pages 82-99
AbstractABSTRACT : The purpose of this research is to clarify the legal basis for the bank's civil liability for granting credit facilities. The problem of the research is to clarify the adequacy of the provisions of the Iraqi and Sudanese laws in dealing with the provisions of the civil responsibility of the bank on the granting of credit facilities and to identify the shortcomings and legislative lack of these provisions. The study has been dealt with through the analytical inductive method as a comparative study, through the presentation and analysis of laws, instructions, references and sources. The study concluded with a number of recommendations, the most important of which is the necessity of explaining the purpose of the responsibility of the civil bank and determining the nature of this responsibility in case of harm to the client on the one hand, and dealing with the responsibility of the civil bank in general on the other hand. The study recommended the Iraqi and Sudanese legislators that it is necessary to identify and indicate the purpose of the responsibility of the bank and determine the nature of this responsibility in the event of damage to the client because of his dealings with the bank or because of it.
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