basic principles

Demand guarantee as one of bank guarantee types, is an independent undertaking that must be paid just by beneficiary demand. The principles of independence and strict compliance are two fundamental principles governing it. The question in this connection is what is the basis and origin of these principles of authentication? Moreover, about demand guarantee, what does the doctrine of strict compliance means? This article by comparative method has tried to study the fundamental principles governing demand guarantee and present proposals to complete trade bill by analysis of the basis and origin of these principles authentication with descriptive and analytical research method. It appears that the basis of these principles in the Iranian legal system is freedom of will and Article 10 of Civil Code. The meaning of documentary characteristic of demand guarantee according to Article 6 of the UNCITRAL Convention, the beneficiary demand, in any manner that is done, whether written or unwritten, must appear to be in accordance with the terms of the guarantee.

Procedure alone, despite its principles, will not achieve its goal of a fair trial unless the proceedings are an integral part of the proceedings. The Code of Civil Procedure, as a formal and authoritative law, oversees the realization of rights, that is, it monitors the form and form of justice. The basic principles of litigation in the arbitration process seek to establish a kind of fair system based on equality and justice. Despite the fact that doctrine and some jurisprudence believe that the proceedings in arbitration are non-formal, in this study it has been concluded that formalities are an integral part of arbitration proceedings and it is a misconception that the observance of formalities in arbitration will not be necessary. Regarding the guarantee of execution resulting from the violation of the basic principles of the trial, the guarantee of performances such as injury, dismissal, annulment and invalidity has been stated. One of the guarantees of executions that can be considered for violating the basic principles of arbitration is civil liability resulting from the annulment or invalidity of arbitral awards, which has occurred from the performance of arbitrators.

Commitment to law makes discipline and solidity good and healthy relationships with each other entities and out of the framework of the law causes instability, disorder and lack of commitment in society. Many laws not only does not reduce social problems but also country executives confused In the turbulent island of Regulation and Prevented careful consideration on the laws and documents and interoperated on the implementation and Applied of the terms of tastes. So take care in implementing precise and correct law requires deepening Law and Issued upstream documents and discover its main points and it's important in the banking industry as the heart of the economic system is of great importance. This paper aims to develop a strategic pattern to explain the requirements of upstream documents in banking Administration. Existence Research is Contextual, practical. That by way fulfilled interpretation with survey approaches of the constitution, prospects, development programs and interestfree banking law in banking Administration and using qualitative content analysis, discovered and offered fundamental principles and key elements of a strategic pattern banking Administration. The results of existence Research to codification a strategic pattern of banking Administration based on the fundamental principles for pattern codification of banking Administration the Islamic Republic of Iran Based on fundamental principles including faith-based, dignity, human security, justice, freedom, prosperity, spirituality, Ensuring conditions and Facilities employment and investment, Production, And key elements of this pattern, based on basic science, religious democracy, capitalism, unity, Islamic and Iranian identity, Constructive international engagement And all-encompassing authority.