"Analysis of the content of the investment deposit account from the perspective of Imami jurisprudence, civil law and the law of interest-free banking operations"

Document Type : promotional

Authors
yaser moradi 1
Mohammad javad Heidari 2
mohammadreza ghanbarian badi 3
1 , Ph.D in Private law, Head of the banking law core of the Faculty of Islamic Studies and Law, University of Imam sadiq, Tehran, Iran
2 MA. Student in Private Law, Faculty of Islamic Studies and Law, University of Imam sadiq, Tehran, Iran. . (Corresponding Author)
3 MA. Student in Private Law, Faculty of Islamic Studies and Law, University of Imam sadiq, Tehran, Iran.
10.30497/sj.2024.244802.1274
Abstract
The expansion of the institution of the bank in the societies and the effects of the legal relations formed in connection with it are so vast that it casts a shadow on all the economic aspects of human life. The preparation of a legal form for investment deposit within the framework of certain contracts led him to establish Article 559 and in the struggle of this thought, the mudarabah contract has taken precedence over other forms, but the legislator, by establishing the law on banking operations without usury, is inclined to the proxy contract. The existing works, by emphasizing the differences between the power of attorney contract and the investment deposit account, have emphasized the uncertainty of the legal relationship that has occurred; The position that is in the order of erasing the problem statement; Because simply calling the legal relationship indefinite without prescribing a special framework and rules will not only solve the problem; On the one hand, it will cause many problems for the banking network, such as what is the form of the relationship between the depositor and the bank and what rules does it follow, and on the other hand, it will cause conflicting opinions in the judicial system; In this article, an attempt has been made to give a logical answer to the problems raised by this group on the legislator's position of the law on banking operations without usury, with the help of the descriptive-analytical method and by adhering to the opinions of the Imami jurists and the general rules of the civil law, and in this way, the legislative theory Based on the power of attorney, knowing the above relationship is proved.
Keywords
Investment deposit account
mudarabah contract
power of attorney contract
Imami jurisprudence civil law
law on banking operations without usury

  • Receive Date 06 July 2023
  • Revise Date 22 January 2024
  • Accept Date 14 February 2024