الملخص الإنجليزي
The study aimed to identify the nature of a loan, who its parties are, and what its purposes are, and to explain the nature of non-performing loans by clarifying the causes of default, its types, and its consequences, in addition to mentioning the controls and guarantees of banks in order to guarantee repayment of the loan, while explaining the risks to which the lender and borrower may be exposed. In addition to clarifying the role of regulatory policies represented in the Central Bank’s procedures to find a solution to this legislative gap, as well as arriving at the latest legislative efforts and policies that work to address non-performing loans due to force majeure and exceptional circumstances, Results and recommendations were presented that meet the requirements of reality and its urgent needs for this type of legislation. The descriptive and analytical approach was relied upon by studying laws, references, legal sources and previous research, as well as collecting observations and data and analyzing them in the appropriate manner and presenting the necessary suggestions and recommendations in order to achieve the desired goals. From the study, the thesis was divided into an introductory chapter and then two main chapters. The introductory chapter was about the nature of the loan and its evaluation, and the concept of non-performing loans, their causes and types. As for the first chapter, it was addressed in clarifying the role of banks in supporting financing and the risks incurred by the bank and the borrower during the loan repayment period. The second chapter was devoted to explaining the organization of the settlement of non-performing loans through regulatory interventions. And legislative, and a set of results and recommendations were reached, and one of the most important results was that the Corona virus crisis caused many risks, Given the risk of implementation for the borrower in the event of stopping payment of instalments, the legislator was alert to protect this borrower by providing him with a set of guarantees, the most important of which are the Central Bank’s directives to facilitate additional loans and provide guarantees, in addition to postponing repayment, rescheduling loans, and providing exemptions to borrowers and incentives upon repayment, with the aim of settling troubled loans. - It was also concluded that non-performing loans are one of the most serious banking problems because they affect the bank’s resources, which are the basis of its profitability. Recommendations were made : - the most important of which was the recommendation of the necessity of addressing the Civil and Commercial Procedures Law and allowing the courts to pay debts in installments and give them grace according to their circumstances. - The executive and legislative authorities must also intervene to issue laws, take modern legislative directions, and activate the government’s efforts and decisions that have the force of law to address the economic and social effects of the pandemic. This pandemic requires legislation and provisions imposed by public authorities to address its effects after a study with the authorities representing the contracting parties to ensure that these legislations and decisions are issued in a way that achieves the interests of the parties in a fair and balanced manner. - It was also recommended that the contracting parties have an effective role in formulating the terms of the majeure force, The trial judge in the competent courts must ensure that the spirit of the law is applied to deal with the cases to which the contract is exposed.
