In contemporary era, paying attention to commerce and codification of effective and uptodate rules is one of the principles and foundations of the tasks of the legislators. Any country which does not have an up-to-date law in this regard in harmony with other nations and makes no effort to create such a law, will certainly remain economically and commercially underdeveloped. If we conduct a study of the commercial code of the country, we will immediately endorse the outdated and inefficient nature of these rules. On the one hand, banks are the most important and fundamental creditor of the businessmen in the economic system of Iran that if economic problems and bankruptcy of other merchants continue, these banks like other merchants will face hardship in fulfilling their financial obligations. A wide varirty of research has shown that banks have specific and different nature in the economy of various countries from either social or economic or political points of view. This causes the issue of the dangers of bankruptcy of businessmen and economic activists to be considered a totally different one. Then, in some legal systems a special explanation and regulations have been offered of the bankruptcy of banks and particular institutions are in charge. Moreover, some particular institutions are defined in order to intervene in the process of issuance and enforcement of the judgement of bankruptcy. Accordingly, this essay conducts a comparative study of the concept of bankruptcy in some countries as well as the right of banks before the bankrupt businessmen.
