|
Legal-economic analysis of doctrine of unreasonableness in cooperative banking contracts
|
Alireza Molazadeh1   , Mohammad Sadeghi2 , Alireza Rajab Zadeh Astehbanati3 |
1- Doctoral student of private law, Qeshm Azad University, Qeshm, Iran
2- Assistant Professor, Hormoz Studies and Research Center, Hormozgan University, Bandar Abbas, Iran , Mrs4272@yahoo.com
3- Assistant Professor, Department of Law, Non-Profit Raja University, Qazvin, Iran |
|
|
Abstract: (161 Views) |
In many cases, the conditions included in the contract in banking contracts are made with the sole purpose of guaranteeing the bank's benefit, and these conditions unfairly deprive the customer of any bargaining rights and put the customer in a situation where he has to accept establish the terms of the contract. According to the research, one of these conditions was "the requirement to buy the bank's share". According to this condition, the bank required the partner to buy the bank's share at the principal price of the company's share and its profit, regardless of the result of the partnership. Another condition was the "capital guarantee condition". Based on this condition, regardless of the result of the actual participation, the bank obliges the partner to pay the initial capital of the bank plus the expressed interest. The third condition was the "profit guarantee condition", which was such a condition in the partnership contract that was against the main effect of the contract and entered the bank into a partnership with a fixed profit. While the distribution of the parties in the profit and loss caused by the partnership is the main effect of the partnership, and the Tab contract cannot resist such a condition. In order to deal with these unfair conditions, one should take advantage of measures based on the doctrine of unreasonableness. Because this doctrine protected the individual against any form of abuse of unequal trading power, both material and formal, and its purpose was to prevent "oppression" and "cruel surprise". Considering that Iranian law has not paid much attention to the rights of customers against unfair and unreasonable conditions, the necessity of research in this field was important. For this purpose, in this research, a descriptive-analytical method was used to analyze the legal-economic doctrine of unreasonableness in banking partnership contracts. |
Article number: 17 |
| Keywords: Unfair conditions, fairness, doctrine of unreasonableness, cooperative banking contracts, bargaining |
|
|
Full-Text [PDF 414 kb]
(30 Downloads)
|
Article type: Research |
Subject:
Special
Received: 2024/04/15 | Accepted: 2024/05/22 | Published: 2025/02/28
|
|
|
|
|
|
|
| Send email to the article author |
|
|
|
| Add your comments about this article |
|
|
|
