Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Legal-jurisprudential policies to prevent the formalization of bank contracts with the approach of economic law

Document Type : research

Authors
1 PhD Student of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran.
3 Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.22034/ejs.2024.420943.1574
Abstract
Background and Aims: The formalization of bank contracts is one of the main problems of the country's banking system, which has violated the economic rights of citizens, including bank customers. The aim of the current research is to provide jurisprudential and legal solutions to prevent the formalization of bank contracts to realize the economic rights of clients and bank customers.
Materials and Methods: The method of this article is descriptive and analytical, and the tools used are library and documents.
Ethical Considerations: In this article, ethical principles such as referrals and trustworthiness are considered.
Findings: In the executive field, it is necessary to understand the contract texts and prevent the complexity of the contracts, comply with the specific Shariah rules related to the contract, adhere to the contracts and fulfill the condition of equality between bank employees and customers. Continuity of supervision from the beginning, during and completion of the contract, the bank's responsibility in presenting real contracts, the independence of the central bank for effective supervision of the country's banks and the establishment of a punishment system appropriate to the formalization of contracts are necessary.
Conclusion: jurisprudential and legal solutions to prevent the formalization of contracts will lead to meeting the needs and economic interests of citizens if they can grant the existing laws to customers in a clear, unambiguous and complex manner. Also, in the field of supervision, it is necessary to restore the independence of the central bank and stay away from the policies of the executive branch in order to continuously monitor banking contracts.
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