مجله حقوق بانکی
پیاپی 5-6 (بهار و تابستان 1393)

Although the letter of credit is known as evolved version of bill of exchange and like bill of exchange and promissory note and check, it is a means of payment for goods and services and an instrument for fulfillment of the obligation (payment of the debt) arising out of underlying agreement, no reliable comparative study of common aspects and differences of letter of credit and negotiable instruments are seen. This article aims to compare letter of credit to bill of exchange and other similar instruments regarding the applicable legal regime, legal nature and characteristics and peculiarities of the obligation/s reflected in the said documents.

It is nearly for two decades that electronic credit cards are being used by banks and other institutions for electronic transfer of money in Iran. Though issuing such cards was inevitable for electronic banking, legal issues connected with the responsibilities that come with the financial losses and damages imposed to the holders caused by defect in bank systems or malfunctioning of e-cards have often been neglected by banking specialists and jurists. Above all else, the type of prevailing relationship between bank and holder is a contractual one in which the most important role of banks, as major issuers of such cards, is the guarantee of security. Factors and actions that could damage the holders are overwhelming. Bank's own action, doings of people controlled and supervised by banks, objects that the maintenance responsibility of which are on bank's part, altogether could cause the given damages. Finally, bank's responsibility regarding the subjected damage is an absolute responsibility. Although devising disclaimer terms or limiting paragraphs in e-cards issuance contracts is viable, the terms and conditions that could disturb the economic and legal balance of contract against users are considered to be unjust and invalid.

Mortgage contract is a contract by which to guarantee the payment of the debt, the creditor cannot afford to bail. In accordance with the provisions of the Civil Code, mortgaged their quest for satisfaction from the deposit is lawyer, and according to legal regulations and using the power of attorney to sell the property, has owed as a result, demand has picked up and the rest of the debtor denies. However, Article 34 of the Registration Act, and thus Marhoneh own sales operations in accordance with the framework and specific military, the administrative authority (registration office performance) has. Back to the provisions of the Civil Code with regard to protectionist measures to protect the interests of the client thought that the law has created problems, but it seems that this is not against the law.

This article reviews the legal relationship between the parties related to guarantee and demand of bank guarantee in Iran’s law. Since there is no detailed regulation on this matter in Iran’s law, this article tries to study the new guidelines of money and credit council in relation to bank guarantees as a part of rules in Iran’s law and with having so many advantages which this commercial document has, we mention the strengths and weaknesses. However, in some cases it leads to undue demands by its owner that it is defects of this document. It is considered very important to understand the legal relationships of the bank guarantee and its claim is inadmissible. It does not flaw the independence of guarantee and its being demand. This study aims to identify the legal relationship between the parties of bank guarantee (applicant, beneficiary and bank) and to review the laws related to demand bank guarantee in the new guideline of money and credit council and the uniform regulations of demand guarantees, comparatively. In this paper, first we examine the legal relations of the parties and propound the guarantee demand based on these guidelines and uniform rules of demand guarantees. Given that Money and Credit Council of Iran considers the purpose of this guideline to make the issue procedures and renewal and payment as a same process and bank guarantees by use of bank’s opinions, this guideline is last version of uniform regulations of URDG758. URDG is considered in this paper to review the achievement of this purpose by money and credit council .

There are legal doubts about the interest of "delayed payment penalty" rise to conflicting views on the legal, economic and related laws were continued. So knowing that, except with respect to both the nature of the legal, economic, and legal and customary use of specialists (in the statistics) will not be possible for the legislative and judicial interpretation efficient absolutely necessary. So try the authors of this paper, we have briefly reviewed the history and current views, are based on the economic concepts of interest to identify differences in delay penalties, compensation for the value of money and non-profit interest, the true nature of this institution will introduce.

People travel ban on the restriction of the right to freedom of movement is restricted as a sanction for violation of the law is expected. Regardless of title laws that these restrictions have been predicted, the purpose of these regulations are enacted to protect people who have a contractual relationship with the person or convicted of a crime losses have been. In accordance with the provisions of this exceptional course and scope of their scope cannot be extended and should be limited so sure.

Companies which deal and contract with the banks and receiving facilities, their partners generally have to pay the debts of the company, not personal responsibility and in fact, the only guarantee of creditors seeking to get them (regardless of Record receipts), capital of the company and the property of the company and its assets to pay its debts; in these circumstances it seems to be a direct relationship between the investment firm and the facilities received are and no matter how much is requested facilities, as well as the capital of the company should be added.