النظام القانوني لوديعة الأوراق المالية في القانون العراقي : دراسة مقارنة

Abstract EN

The securities deposit is one of the banking operations in the domain of the securities, as carried out by a bank through a contract between it and a depositor client, which classified as a nominated contract having conditions of validity and convene to be created as in contracts generally.

It is a binding contract for both parties which arranges rights and obligations for both parties, the deposited bank and the depositor client.

Under such a contract, the deposited bank must be bound to receive securities , keeps them physically and legally, and not to give up their possession, but for some reason if needed while the depositor client should be bound to deliver securities to the deposited bank, pay wages of preservation, expenses and commissions .The bank deserves commission to be paid even if it has not been agreed in a deposit contract, as well as the bank has the right to lock up the deposit and not to refund it to the customer depositor until he/she meets the wage of preservation and other expenses processed because of the preservation of the deposit.

Moreover, the bank has the privilege that authorizes it to deduct preservation debt from selling securities to other creditors, and it has no priority to debts of judicial expenses and debt of due payments to the public treasury