Document Type : Original Article

Authors

• Gholam Reza Mesbahi Moghaddam ¹
• Mohammad Hossein Nemati ²

¹ Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University, Tehran, Iran

² Master’s Degree Student of the Department of Private Law at Imam Sadiq(a.s) University, Tehran, Iran

Abstract

Considering the wide use of Bank's Civil Participation Contract in the relations between customers and banks, the Markazi bank set the contract form for improving the quality of the contract in 2013. However, there are doubts about the terms of this contract. In this regard, in this study, two of the articles of the contract on civil partnership have been investigated. . Finally, it became clear that the suspicion of usury (Riba) applied in the term of guaranteeing profit. . In the case of the term to guarantee profit, it should be noted that this condition should be removed from the text of the contract. Accordingly, bank with number of preventive and assertive methods such as ensuring the profitability of the participation plan in different circumstances, obtaining adequate and liquid guarantee, credit and honorability of the client (partner) and the receipt of it according to his account records in different banks can minimize the loss of the participation plan and release the customer from bad account. Also, regarding the terms and conditions contained in the text of the contract, they can be adjusted to the discretion of the bank and the client and, as far as possible, the principle of justice and fairness are observed. The methodology of this research was in the form of a library and, in some cases, an interview with experts.

Keywords

• Contribution Contract
• Contract of Civil-Private Partnership
• Bank's Civil Joint Venture
• Term to Guarantee Profit
• Imposed (Unfair) Terms