نوع مقاله : مقاله پژوهشی
1 گروه فقه و حقوق اسلامی، دانشکده ادبیات، دانشگاه ارومیه، ارومیه، ایران
2 عضو هیئت علمی دانشگاه ارومیه
3 گروه فقه و حقوق اسلامی، دانشکده ادبیات و علوم انسانی، دانشگاه ارومیه، ارومیه، ایران
عنوان مقاله [English]
Civil partnership agreement is one of the common methods of allocating resources and granting facilities in the country's banking system, which is based on the partnership of capital owners. The standard nature of the form has led to the inclusion of conditions that unilaterally serve the interests of the bank and the rights of the customer are ignored. These conditions, known as "imposed conditions", are the subject of this article and it has been tried to identify the meaning and examples of these conditions in civil banking partnership agreements and based on jurisprudential and legal principles, the case Be analyzed and evaluated. The results of the present study, which was done by descriptive-analytical method, show that these conditions have been formulated without using the real results of the principle of sovereignty of the will, and in them, no place has been considered for the free will of the facility applicant. In addition, the mentioned conditions have violated the principle of justice and fairness, which is one of the basic principles of jurisprudential rules and the basis of conscience and unauthorized exchange contracts.