نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق، دانشگاه آزاد اسلامی، واحد دامغان، دامغان، ایران
2 استادیار گروه حقوق خصوصی، دانشکده حقوق، دانشگاه آزاد اسلامی، واحد دامغان، دامغان، ایران
عنوان مقاله [English]
Unfair terms are one of the most debatable issues in terms of contract terms that upset the contractual balance, and in today's world, the expansion of contracts in which one of the parties, due to its superior position, includes conditions in the contract that the other party The contract is fair, it is increasing. In the meantime, banks, due to the financial resources at their disposal, mainly include conditions in contracts with customers that seemingly follow the principle of correctness and are concluded based on correct contractual principles, but inwardly are considered as a kind of imposed conditions. The customer, based on his economic needs, will inevitably accept these unfair conditions. Money and credit are in conflict with the health and growth of the country's economy. The end result of the acceptance of these conditions by the parties to the contracts will be the violation of the principle of justice and the creation of mistrust between the bank and its customers and economic actors, and finally, corruption in the monetary and banking system. Given the importance of this issue, in this article, while examining the concept and principles of unfair terms, we will examine the examples of these terms in banking contracts and provide solutions to improve and exit the current situation of banking contracts.
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