التكييف القانوني للوصي و المدير المؤقت المفروض على المؤسسات المالية

Abstract EN

The special nature of financial institutions, by virtue of dealing with private and public interests, dictates on legislators, including Iraqi legislator to replace the insolvency regime by other legal systems: conservatorship and provisional administration, which aimed at rescuing the companies from insolvency and enabling them to recover their financial and legal position with a view to maintain both the private and public interests.

These legal systems are called the provisional administration and conservatorship.

However, the Iraqi law has failed in giving a legal description for the legal relationship between the provisional administrator and conservator with the State authority of supervision and control, the financial institution and the other dealers with its interests.

The author in this article has endeavoured to discuss all posed views in this area in order to find a legal description to this relationship, which has a considerable significance in determining its lawful effects