Document Type : research
Authors
1
PhD student in private law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor, Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
3
Assistant Professor, Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.422801.1592
Abstract
Background and Purpose: The purpose of this article is to investigate the comparative study of the laws and regulations governing bank secrecy in Iranian and American law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: Bank secrecy in American law refers to a set of rules, regulations and standards designed to prevent corruption and fraud in the banking industry. These laws include things like increasing the penalties for bank fraud and corruption, increasing supervision and control over banks, increasing financial reporting requirements and disclosure of sensitive information. Also, in case of detection of bank fraud and corruption, American judicial institutions can use various research methods such as inspection, file collection, data analysis, etc. to identify and follow up these crimes.
Result: State-owned banks have accepted responsibility for employees only according to the conditions of Article 11 of the Civil Liability Law, i.e., in case of damage caused by employees due to the failure of office equipment, and in this respect, there is a legal gap in our legal system. However, if financial information of individuals is published due to a decision-making and management error in banks, the bank can be directly impeached based on Article 1 of the Civil Liability Law, apart from the legal personality of its managers.
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