مجله حقوق بانکی
پیاپی 2 (پاییز و زمستان 1391)

In Independent Guarantees, like accessory guarantees, guarantor can refer to the account party for refund of the payment. In international trade, especially in transactions between countries with different legal systems and weak existing security and reliance between parties, beneficiary tries to prevent the payment of the guarantee by obvious abuse of right. Since he truly believes that in case of payment, is not easily refundable; even in case of successful reclamation, it is time consuming and of course, expensive. Study of the cases of French courts demonstrates that abusive request of guarantee and account party's endeavor in order to stop paying the amount, occurs mainly in international guarantees. This case is unusual in internal guarantees since first, refund is easy and fast and second, if the abusive request is proved, beneficiary would be responsible for a considerable damage to the account party. In our country, the principle of Independence is not applied properly and the compensation system is not efficient. So, for the account party, it is less expensive try not to pay the guarantee. The current research intends to review different ways for referring to the account party and beneficiary by the guarantor after payment.

In the last few decades, transferring of money had been through A T M (automatic transferring money) or business card because of its security issues. Beforehand, the transferring of money from one account to another account in companies or institutions had been via transmission. Nowadays, however, electronic system and huge classified institutions among them Swift and others are branches of electronic net payment. Since the basic aim of Swift is transferring messages to facilitate bank operations, the members of Swift not only did use this net for sending messages which is related to transferring of money, but also they used this net for facilitating currency operations, bank interest, and securities transactions In this paper, we will try to introduce Swift (international financial institution) and its services and advantages as well as its structure.

This day we are observing the growing use of L/C deals, especially in international transactions as one of the most important and the most common payment methods at the level of international trade. This is while, the nature of the instrument of payment and also interm of legal is unknown for many of pepole, and therefore, the image is defendant. The article on the theme of "Credit analysis In the criminal law of Iran " trying to define the nature of the l/c both in terms of structural and performance and also in terms of its legal and peruse the l/c and offences in this field and existing legislation in dealing with this category and this cause knowing more about the L/C Before entering the discussion above to learn more about credit and various issues related to, In the beginning (Introduction and Overview) Overview of the fundamental issues associated with these tools bank And more in the rules governing letters of credit and the crimes committed in this area will be discussed.

Iranian Commercial Act has no limitations for ownership of shares of one company by one person. About banks, however, there are some limitations for owning shares according to the distributive justice and corporate governance principals and supporting of minorityshareholders. In the first step in Iranian law system, Money and Credit Council issued two regulations in 1379; regulation 948 and regulation 955, but these regulations did not last for a long time as administrative justice court made them void in 1381.This was not the end of that route however. The second step was amendment of fourth development program Act in 1387.This Act regulated that there should be some limitation for owning banks shares; limitations that lead to the voiding of transactions if transcended. In this article we elaborate on all the existing limitations for owning the bank's shares in Iranian law system. We also try to shed some light on how we can interpret these regulations. Finally we point out that these regulations should be interpreted very rigidly because this is exceptional; the compass of these regulations should not be expanded to the issues that not related to those limitations directly as the basic principle is freedom in owning company shares as much as everybody can.

Islamic Republic of Iran is one of the members of the International Monetary Fund. At the same time, Iran is subject to various financial and monetary sanctions and its membership in International Monetary Fund has not prevented these sanctions to be imposed. The question addressed in this article is weather these sanctions are contrary to the Articles of Agreement of International Monetary Fund? And if so, what kind of remedies is available against the states that breach the Articles of Agreement by imposing these sanctions against other members of International Monetary Fund. Is there a competent authority that has the jurisdiction to hear the complaints of the countries against them the sanctions have been imposed? The article will consider the most likely outcome of such a compliant made by Islamic Republic of Iran regarding these monetary and financial sanctions.

Goods inspection in international trade and letters of credit process is a means by the help of which the expectations of the buyers and banks from merchandise import can be met to its the most possible extent. Normally, the interests of bank and buyer are the same hence their collaboration could assist to maintain the interests of both. Implementation of inspection at the entrance of goods should not turn into a formality method that is used just to fulfill some legal requirements but it has to be defined and carried out in compliance with objective and real needs of business and industry. In this regard, taking good care of the entire elements of inspection as well as designing a precise model for goods inspection could well enough secure the interests of beneficiaries.