الإفلاس المصرفي في القانون الجزائري

Abstract EN

Research has sought to study bank failure as one of the very important issues, both at the banking legal level economic, because banks are the backbone of credit-based economic activity.

this can only be achieved by adopting a sound banking policy with the aim of preserving public deposits used for credit and maintaining a healthy financial position.

insofar as the bank is a great source of prosperity and progress, insofar as it is a major cause of collapse and deflation, especially in the event of bank failure which leads to the bankruptcy crisis.

the question of bank failure raises multiple legal issues in terms of the overlap and contradiction between the rules of bankruptcy governed by commercial law and the rules stipulated in the banking law (the monetary and credit law).

what further complicates matters is the existence of a legal vacuum in monetary and credit law, which affects the area of bank failure.

if the bankruptcy regime provided for by commercial law is applied to commercial companies as soon as the required conditions are met, the bankruptcy regime benefits from a unique peculiarity, which makes it a particular and distinguished system.

this specificity is due to the technical nature of the banking activity as a legalized strategic activity, which requires research into the problematic of the specificity of the bank failure regime provided for by the monetary and credit law.