Restorative strategies for the disruptive acts of obtaining bank credits, focusing on the criminal policy of Iran and the European Union

Omid Ebrahimi ¹ ( Phd student in Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. )
Hasan Poorbafrani ² ( Associate Professor of Criminal Law and Criminology, Department of Law, University of Isfahan, Iran. )
Mohsen Shekarchizadeh ³ ( Assistant Professor of Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. )

Submited date : 2023-11-08 Accepted date : 2024-01-14

Keywords: bankruptcy, Civil liability, criminal policy, Arbitration, Disruptive practices of obtaining credit, remedial measures,

Abstract :

the role of bank credit in giving liquidity into the economy, necessitates need for legal protection of credit and the adoption of remedial measures against its disruption. the analytical and comparative study of "arbitration in banking lawsuits", "bank liability" and "mechanisms related to the bankruptcy of creditors" as the most important remedial measures against the disruption of bank lending in the criminal policy of Iran and the European Union, shows that in comparison with the stipulation of arbitration in (CFR), article 139 of the iranian constitution, has faced a challenge reference claims related to obtaining loans from state-owned banks to arbitration. Regarding the bank's civil liability, both legal systems have tended to the theory of "fault-free liability". Regarding the bankruptcy of the creditor, the wide applicability of the EU regulations on bankruptcy and the special rules of credit institutions and the granting of privileges to creditors with collateral in the Iranian legal system indicate the importance of the rights of creditors in both legal systems.