فهرست مطالب

  • پیاپی 7 (بهار و تابستان 1394)
  • 250 صفحه، بهای روی جلد: 100,000ريال
  • تاریخ انتشار: 1394/06/13
  • تعداد عناوین: 14
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  • Abbas Mirshekari* Page 13
    These days, banks have become pervasive economic power they do not need to support them, but on the contrary, should be supported by consumers of bank customers. So, if the bank's actions cause harm to customers arrived, they should be responsible for losses to customers. With this approach, banks are more cautious than his actions, and thus economic order should be maintained. For this purpose, you have to paragraph (c) of Article 35 of Law achieved the most money and banking. According to the article, "the bank against losses caused by its operations, responsible and committed to compensate customers will be noticed". Thus, if the banks do not have a special responsibility to fulfill. In my opinion, the above article, it is essential that our legal texts in between the buried and now, no one speaks of it But gradually, dust the time of the essence to one side, and the truth, as they will be seen. It is the author's attempt to draw attention to the content of the article mentioned, May have a stake in Raze forgotten.
    Keywords: check, signature, stamp, bank, responsibility, legal holder
  • Farideh Tazhibi* Page 27
    Noticeable increments in international trade, necessitates introducing more and new instruments for Trade Finance. International Chamber of Commerce (ICC) and its banking commission as the largest private section organization and rule maker for international trade and banking, considered to regulate and introduce new rules in this respect. ICC aim is to promote peace through trade. Hence rule making is a way to coordinate and organize trade and business advancement. Preparing, approving and introducing the rules by the representative of more than 130 countries resolve such rules in unified text and language for all users around the globe. One of the latest products of ICC/ Banking commission is the “Uniform Rules for Forfeiting”. Forfeiting facilitates the provision for financing the business activities of international trade community. It has the ability to make instruments that evidence payment claims liquid. By making payment claims easier totransfer, forfeiting enables the exporters and importers to use it as more than just a means of obtaining payment for goods or services delivered: It can be used to provide finance. This critical role motivated ICC to involve itself in regulating this area .The result is the first standard set of rules for forfeiting transactions. URF deals only with the transfer of a payment claim without changing it. During the preparation of the URF, Iran banking committee and its members constantly studied numerous drafts and affected necessary comments. Then the rules could be used on Islamic banking as well. Iran monetary authority, Central Bank of Islamic Republic of Iran, issued several circulars for using this instrument as “Kharide Dein”. Then it seems there is no obstacle to use and benefit from the rules that ICC banking commission offered to the world.
    Keywords: forfeiting, Kharide Dein, ICC, bank, international trade, finance
  • Ali-Akbar Gorji*, Hadiyeh-Sadat Mir-Torabi Page 37
    Banking, one of the industries that have been associated in recent years with many ups and downs and have experienced several changes. Banks and financial institutions in today's world unique role in determining the economic equation act And vital role in the success of economic success With regard to the banking industry of Iran, dating back more than eighty years, according to international standards is not an ideal situation And the problems of government debt to the central bank, low efficiency, the influence of political forces in the banking system, the balance of non-performing loans of banks, scattering laws and regulations of the banking system is facing. The research in the field of challenges in the banking system is necessary to achieve the country's development. In recent years, much of the criticism in the banking system entered the country And continuing the reform and restructuring of banks and the banking system has been emphasized at various levels; The root causes of poor performance of the banking system should be identified in three areas. The first area relates to the relationship between the government and the banking system, The second area relates to the internal structure of the banking system and the third area is related to the number of banking regulation.
    Keywords: regulatory, central banks, government, independence, privatization
  • Zahra Farivar Page 65
    Many studies have been done on the nature of bank deposit, which have often considered current account as loan agreement and long-term and short-term account as proxy agreement. Also thereare some theories that considered long-term and short-term saving account as trust or deposit agreement and sometimes jointventure agreement and sometimes indefinite contracts. However, since Non-usury Operation Act 1983 and its Reform Plan 2015 both imply that saving accounts are proxy agreement, it seems that the theory of proxy agreement is to dominate the discourse. On the other hand, the Article 559 Civil Code of Iran indicates that joint-venture agreement regulations rule saving and current accounts. It seems that the dominating proxy theory has opted for the least suitable legal framework for the long-term saving account as the Civil Code has preferred joint-venture agreement to proxy agreement among nominal contracts. The proxy theory is mostly propagated by economists in order to avoid the usury issue. Therefore, there is a need to not only criticize the proxy theory and prove its incompatibility with long-term saving accounts but also suggest an alternative theory and a legal framework for saving accounts. The experience on Insurance Agreements and Labor Act in Iran law making shows that there is a potential for creating a particular nominal contract within a particular Act out of the legal framework of Civil Code and jurisprudence (Fiqh) which is in accordance with modern and industrial society. Of course, elaborating on this particular nominal contract and the details of its regulations needs to be discussed in another study. As a result, the present study concentrates on criticizing the proxy theory and examining the potential alternatives which can substitute this theory, concluding that the particular nominal contract is preferable to all the other alternatives.
    Keywords: bank deposit, saving account, proxy, joint venture, nominal contract