نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق خصوصی، دانشگاه آزاد اسلامی، واحد ساری، ساری، ایران.
2 گروه حقوق خصوصی، دانشکده حقوق، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most important challenges of the banking system in any country is timely receipt of requests from customers who have applied for banking facilities. In this regard, banks and financial and credit institutions have resorted to the use of jurisprudence (legal and legal necessities) and legal instruments to provide legal and legal tools and assistance, as well as to prevent economic problems or reduce the effects of Failure to pay the claims promptly enters into the conclusion of religious contracts by dividing the contract into participatory and non- participatory. It is possible to obtain claims arising from participation in the contract by extending the contract before and after the contract expires. And also in contracts based on non-participation contracts, the claims are met through redistribution, renewal and conversion of the contract. Our findings in this article suggest that the potential for non-compliance claims in the regulatory and enforcement paths face challenges such as the causes of non-compliance claims, disregard for the legal capacity of alternative contracts, and the lack of expertise of judicial authorities and jurisprudence faced by outsiders. Addressing these challenges is imperative to reforming contractual texts, revising banking regulations, and preventing a multiplicity of legislative references as well as establishing specialized judicial branches.
کلیدواژهها [English]