المسؤولية المدنية لوكالات التصنيف الائتماني عن سوء تقديرها للمخاطر الائتمانية

Abstract EN

Some commercial agencies, known as credit rating agencies, play the role of publishing credit reports and evaluating the risks related to the debts of both companies and states.

There are different types of rating: (1) required rating made at the request of investors and issuers of debt, and (2) nonrequired rating made by agencies of their own volition, and it is a kind of information that is made available to the public.

The importance of credit rating agencies lies in improving credit ratings decisions for banks and any other financial entities dealing with debts and its installments.

Furthermore, it reduces the potential or associated risks for crediting transactions that are performed by debiting providers.

Because of the criticism that was addressed to these agencies, European countries and the United States of America started to enact legislations that regulate the activities of these agencies, particularly after the year 2007, due to financial crises in these countries.

These agencies argue that these reports are only ideas and opinions; and that financial markets are free to consider them or not, according to the principle of freedom of speech and expression as stated in constitutions and in International Human rights Law.

Legislations and precedents have therefore proved that these agencies ought to be liable in any case where they issue reports containing misleading or deceiving information that would harm debtors or investors from both governments and companies.