نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد، دانشکده حقوق و علوم سیاسی، دانشگاه تهران
2 دانشجوی دکترای حقوق خصوصی دانشگاه مفید
کلیدواژهها
عنوان مقاله English
نویسندگان English
Today banks use different methods to grant facilities to their customers. For instance, there has been a significant growth in using civil partnership contracts, among other contracts, in recent years for various reasons. Participation is one of the methods of financing economic activity approved by the Islamic banking, which according to its legal basis, involves the merger of capitals of partners, and all partners have the right to interfere and monitor its economic activity and management. Among the basic concepts of partnership contract is division of the benefits and losses at the end of the business or contract, depending on the amount of capital investment by each of them. However, the question arises whether in the bank's contracts with its customers, the stipulation of conditions of the contract by the bank, may lead to abusing of the superioriority and exploitation of customers so as to impose on them conditions contrary to the principles of Islamic banking. In this research, an attempt is made to answer these questions, and deal with all of the conditions of the contracts for civic partnership in banks, comparing them with those of the European Union. The results suggest that in regards with dividing the benefits and loss, the obligation of contract in its license for the Bank, requiring the customer to buy partnership shares, are imposing conditions mentioned in the contract. However, the European Union does not prescribe any such conditions against the customers.
کلیدواژهها English
