Receiving delay compensation in banking contracts, relying on status of debtor

Receiving delay compensation has been one of the challenging issues of jurisprudence and law in Iran banking system. Regardless of different views expressed in defining the nature of the delay compensation, all experts agree on necessity of getting this type of fee, especially in the banking system. Guidelines provided for receiving delay compensation in the banking system, have been encountered with some critics. Although, from different directions the delay compensation has been accepted, but the critic is that the status of bank debtors has been not considered. In this paper, distinguish between different types of debtors using legal capacities and justifying prohibited delay compensation in the insolvency and bankruptcy situations, has been considered.Also regarding to the nature of the participatory contracts, receiving delay compensation in these contracts does not seem correct based on existing methods. In this regard, some solutions have been suggested.