Analysis of banks' liability towards customers; Obstacles and Solutions

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MOHAGHEGH DAMAD SEYED MOSTAFA; MORADI YASER

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Journal: EGHTESAD-E ISLAMI Year:2019 | Volume:18 | Issue:72 Page(s): 95-120

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Information Journal Paper

Title

Analysis of banks' liability towards customers; Obstacles and Solutions

Author(s)

MOHAGHEGH DAMAD SEYED MOSTAFA | MORADI YASER | Issue Writer Certificate

Keywords

Liability without negligenceQ1

Monetary and Banking LawQ1

Nature of the moneyQ2

AttributionQ1

England lawQ1

Abstract

Always in the duration of banking activities, there is the possibility of damaging some customers, and then the question arises in accordance of tort, who and on what basis of the rules should pay the damage compensation. Regardless of the fact that, today the foundations of the negligence theory has collapsed in our law and should have used the Attribution theory or citation as its alternative, based on the numerous Islamic Judicial-Legal evidences raised in this research, regarding the liability of banks in lieu of customers, the theory of Liability without negligence will be done as the base theory of banks responsible. Specific liability for vocation owners in Islamic Jurisprudence and finally Paragraph (c) of Article 35 of the Monetary and Banking Law, is our most important evidence to prove the theory of Liability without negligence, in particular, the Strict Liability of Banks. At the same time, the Nature of the money causes the banks debt to restoration their customers' deposits is indebtedness in the assumption of any damage of the customer, and the trust possession of the bank's is to be canceled in investment accounts. In England law, deliberately and improvidence, are the two independent lawsuits for civil liability claims, but ultimately, with regard to the banks liability, the rights of England are also milder than our rights tend to the theory of Liability without negligence of the banks.

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APA: Copy

MOHAGHEGH DAMAD, SEYED MOSTAFA, & MORADI, YASER. (2019). Analysis of banks' liability towards customers; Obstacles and Solutions. EGHTESAD-E ISLAMI, 18(72 ), 95-120. SID. https://sid.ir/paper/383010/en

Vancouver: Copy

MOHAGHEGH DAMAD SEYED MOSTAFA, MORADI YASER. Analysis of banks' liability towards customers; Obstacles and Solutions. EGHTESAD-E ISLAMI[Internet]. 2019;18(72 ):95-120. Available from: https://sid.ir/paper/383010/en

IEEE: Copy

SEYED MOSTAFA MOHAGHEGH DAMAD, and YASER MORADI, “Analysis of banks' liability towards customers; Obstacles and Solutions,” EGHTESAD-E ISLAMI, vol. 18, no. 72 , pp. 95–120, 2019, [Online]. Available: https://sid.ir/paper/383010/en

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