The basis of the bank's responsibility in the bank deposit fund

Authors

    Siamak Jafarzadeh * Associate Professor, Department of Islamic Jurisprudence and Law, Faculty of Literature and Human Sciences, Urmia University, Urmia, Iran s.jafarzadeh@urmia.ac.ir
    Teher Ayadi Master's degree in private law, Urmia University, Urmia, Iran
    Batool Mousavi Master's degree in private law, Urmia University, Urmia, Iran
https://doi.org/10.61838/csjlp.5.1.4

Keywords:

bank fund, deposit, rent, commitment to safety, insurance, joint liability

Abstract

In the field of bank's responsibility in bank deposit fund, there is a research gap that, in order to complete the previous researches, the question, what is the nature of this contract, has been investigated in an analytical-descriptive manner? Does being in the category of banking services (the aspect of expertise and professionalism) add to the scope of the bank's responsibility? Is the provision of Article 386 of the Commercial Law applicable to the bank fund contract? Does the involvement of insurance have an effect on the basis of the liability of the responsible parties? In this research, we will analyze it analytically, but in the answer, we can briefly say that the contract of the bank deposit fund; It is a lease contract that implicitly includes a commitment to safety in its provisions, and this commitment to safety turns the bank's commitment from a commitment to a means to a commitment to the result due to the expertise and professionalism of this type of service. banking and related to the economic and general order of the society, it is created and it removes the lease contract from the form of column, this commitment to safety is derived from the provision of Article 386 of the Commercial Law, and since the insurer is the customer himself, in case Simple theft creates joint and several liabilities between the payment authorities.

Author Biographies

  • Siamak Jafarzadeh, Associate Professor, Department of Islamic Jurisprudence and Law, Faculty of Literature and Human Sciences, Urmia University, Urmia, Iran

    دانشیار گروه فقه و حقوق دانشگاه ارومیه

  • Teher Ayadi, Master's degree in private law, Urmia University, Urmia, Iran

    کارشناس ارشد حقوق خصوصی

  • Batool Mousavi, Master's degree in private law, Urmia University, Urmia, Iran

    عضو هیات علمی دانشگاه ارومیه

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Published

2023-05-22

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Section

مقالات

How to Cite

The basis of the bank’s responsibility in the bank deposit fund. (1402). Comparative Studies in Jurisprudence, Law, and Politics, 5(1), 27-39. https://doi.org/10.61838/csjlp.5.1.4

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