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:: Volume 18, Issue 21 (1-2018) ::
mieaoi 2018, 18(21): 135-156 Back to browse issues page
In the partnership Contracts Partnership (agreement and Modrabah)
Abstract:   (1576 Views)
The extent of the responsibility of banks in participating in a partnership as a facilitator is one of the most important questions of the day of the country's legal community. In fact daily development of banks activities in current time lead this financial institution in order to reduce its banking risks, place some non- responsibility terms and conditions in two form of contractual and functional (non-contractual)
A non-responsibility condition is a contract between a responsible person and probable injured, according to this contract, the responsible is free from all charges and does not need to reimburse damages. Among different banking contracts, partnership agreement and Modrabah and joint ventures in particular lead to a non-responsibility.
According to article 558 of Civil law and Ejma of Foghaha non- responsibility condition in Modarabah in form of another enforceable contract is possible. Although through imposed conditions theory there are some doubts about its accuracy therefore banks guarantee Modarab liability in a Solh contract.
According to majority of Foghaha contrary to the Modarabah contracts non liability of banks in probable damages from partnership in joint ventures is a term against contract nature. In banking activities Due to the above mentioned items any non-liability conditions of state and private banks shall be considered invalid and void especially when according to article 35 of banking and monetary law liability of banks ( the same as carriers ) principal is accepted. The conditions for non-liability of banks in the probable loss resulting from participation in a civil partnership contract, according to the famous foghaha, are indicative of the opposite of the conditions and the nature of the partnership agreement
Keywords: Banks' responsibility partnership agreement key words: non-responsibility condition/ responsibility of Modrab
Full-Text [PDF 201 kb]   (307 Downloads)    
Type of Study: Applicable | Subject: Special
Received: 2017/12/30 | Accepted: 2017/12/30 | Published: 2017/12/30
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In the partnership Contracts Partnership (agreement and Modrabah) . mieaoi. 2018; 18 (21) :135-156
URL: http://mieaoi.ir/article-1-575-en.html


Volume 18, Issue 21 (1-2018) Back to browse issues page
نشریه اقتصاد و بانکداری اسلامی Islamic Economics & Banking
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