A doctoral thesis at the College of Law, Department of Private Law discusses the problems of bank deposit insurance in light of the Iraqi bank deposit guarantee system. With the blessing of God Almighty, the College of Law discussed on Thursday, 10/12/2023, a doctoral thesis in private law tagged (((Problems of bank deposit insurance in light of the Iraqi bank deposit guarantee system - a comparative study)) submitted by the doctoral student (Samar Adnan Mahmoud). Today we are witnessing the confrontation of some... Iraqi private banks are exposed to a number of economic crises that lead to their faltering and their failure to confront them, which is reflected in their ability to implement their commitment and preserve depositors’ money and return it whenever it is demanded by the client, which leads them to the banks faltering or working to declare bankruptcy due to their inability to keep up. Economic changes and fluctuations, and what is reflected in the relationship of banks with customers and thus destabilizing public confidence in Iraqi banks, through the spread of cases of harm to depositors, especially small savers. Accordingly, the subject of the research is a possibility that could occur in most countries, including Iraq, where today we are witnessing many practical problems to which banks have been exposed at the present time, which led to the destabilization of confidence in the banking sector, which required the necessity of taking a legal step, in anticipation of such problems by enacting legislation or issuing regulations, regulating the guarantee or deposit insurance process. Banking. Based on the above, a special system was established known as the Bank Deposit Guarantee System, No. (3) of 2016, which contained a set of legal rules that regulate the process of guaranteeing bank deposits, whereby the establishment of A company known as the Iraqi Company for Bank Deposits Guarantee, and determined the general organizational structure of the company, as well as the tasks it performs, and the legal implications for the participating banks and the company, in relation to compensation to cover Deposits upon bank bankruptcy. Due to the modernity of the legal regulation of the subject of the study in Iraq, reference is made to the provisions of the Iraqi bank deposit guarantee system in force, and the provisions of some comparative laws, to analyze the provisions of the system and the role of the central bank in directing the faltering bank, to take the necessary measures at this stage. That precedes the occurrence of the crisis, when there are serious indicators, which are observed through the data presented to the Central Bank for each bank. In addition to the above, the Central Bank exercises control over the banks that contributed to the establishment of the deposit insurance company or that will contribute to its capital, and by referring to the legal texts stipulated in The Iraqi legislation in force indicates that the role of the Central Bank is not limited to the supervisory role and the implementation of the state’s general monetary policy only, although this role is the most important and most effective, as we find it the reference body to which the Deposit Insurance Company is affiliated, and according to this it exercises Other powers include interfering in the details of the work, starting from the stage of granting the license in establishing the company, and forcing banks to join the company. Due to the importance of the role played by the Bank Deposit Guarantee Company when danger occurs and bankruptcy occurs, or the shareholder bank is exposed to defaults. Economically, it required us to research the legal nature of the effective Iraqi bank deposit guarantee system, the necessity of determining the form and mechanism to be followed upon establishment, and the extent to which the application of the corporate legal system, which is based on a profit goal, is compatible with the nature of the activity practiced by the deposit insurance company. Banking, whose establishment aims to exercise a therapeutic function and achieve the public interest, which means compensating depositors for their deposits when the bank stops paying and enters bankruptcy. This corresponds to the company’s obligation to pay an amount of compensation upon bankruptcy, with a difference in the approach used in determining the percentage of compensation, as some legislation tended for the amount of compensation to be partially regulated, and It is limited to a certain portion of the deposit amount, which may be a specific and fixed amount or it may be variable. As for the Iraqi legislator, the compensation percentage has been fixed, which is 51% if the compensation amount is one hundred million or less, and 25% if it is more than that. And the importance of legal regulation to guarantee bank deposits, in accordance with Iraqi law and legislation. Comparison, as one of the means of correcting the imbalance in the banking system in Iraq. The discussion committee consisted of: Prof. Dr. Sulaiman Barak Dayeh, Chairman, Prof. Dr. Aseel Baqir Jassim, Member, Prof. Dr. Mithaq Talib Hammadi, Member, Prof. Dr. Majeed Ahmed Ibrahim, Member, Prof. Dr. Muhammad Latif Saleh, Member, Prof. Dr. Saddam Faisal Cooks, Member and Supervisor, and after an extensive study of the thesis and the discussion committee hearing the defenses. The committee decided to accept the student’s thesis and grant the student a doctorate degree. A thousand congratulations to the student for this effort she has made and for further progress and scientific excellence, God willing. Media Division/College of Law
