In tri-lateral consumer credit agreements, Recognition legal liability of lender on breaches by supplier is based on two undeniable realities: 1-close relations of lender and supplier so that they seem to be a Joint venture. 2-Responding the requirements of distributive justice and supporting the consumers as the weaker party by imposing all losses incurred by consumers due to any breach of contracts by suppliers on lenders. Whereas in UK the CREDITOR is liable for all losses suffered by Consumer, in US, this liability is limited to the amount of credit not settled. In Iran’, s Legal system, Regardless of lack of protective legislation on consumer credit, considering the method of conclusion of tripartite credit agreements, recognition of liability of lenders encounter two main obstacles. Lack of effective relations between the lender and supplier in most credit agreements is the first. Intensive interpretation and replacing the criterion of the possibility of derivation of common interest between supplier and CREDITOR can solve this problem. The Second obstacle is conferring the role of seller to the CREDITOR in almost all of the tripartite credit agreements, concluding the contract in the form of direct loan, resulted in the unification of the role of the supplier and the CREDITOR in one person. Since conferring the role of seller to CREDITORs is artificial and just in order to withhold gavel, passing over this artificial form and interpreting the real intent of the parties abate this obstacle.

This Study examines the impact of accounting conservatism on mitigate CREDITOR-shareholder conflict over dividend policy in 266 listed firms of Tehran Stock Exchange (TSE) over a 10-year period from 2001 to 2011. Using correlation method and multiple linear regression technique, the results of this study show that accounting conservatism cannot mitigate as an effective contraction mechanism in CREDITOR-shareholder interest conflict over dividend policy. Research evidence show that there is a negative significant relation between interest paid to CREDITORs and dividend paid to shareholders. Also, that there is a significant relation between dividend payout in last year, firm size and operating cash flow with dividends paid.

One of the issues in civil courts has been the exemptions of debt from the past to the present. Jurists and jurisconsult in this issue believe that if debtor owes no property except his home and some other necessities of life, CREDITOR cannot force him to sell the property. Different aspects of debt exemptions have been explored in jurisprudence books and jurisprudential and juridical researches, but what has not been addressed is the impact of financial conditions of the CREDITOR on debt exemptions arbiter. The question of whether the CREDITOR is still in penury can also order the debtor with the exception of some property of debtor? This is the question that has been tried to be answered in this research through jurisprudential, traditionary and law books. In the end, after examining the reasons for the debt exemptions, which are mainly narrations and the rule of distress and constriction negation, what is stated as an answer to this question is that these reasons does not apply to the case where CREDITOR himself or herself is in distress and constriction (insolvency), therefore, debtors’ property can be withdrawn as long as distress and constriction (insolvency) be removed from CREDITOR, even if it is his (debtor) house. if CREDITOR is in distress and constriction (insolvency).

Where a person transfers its property to another by a bilateral contract, and before receiving his/her consideration, transferee dies, well-known opinion of jurists (Fuqaha) believe a right of option to rescind a contract for the CREDITOR, so called ‘ The right of option for the CREDITOR of deceased’ , in case of Sufficiency of assets in the estate to pay debts of the deceased. some of the jurists made this right of option applicable in a case where deceased died in the state of insolvency. After evaluating the views of the jurists and the evidence of aforementioned option, it was concluded that from the well-known jurists’ point of view, the main reason for the right of CREDITOR’ s option is, Sahiha Abi Valad. However, since this Shahiha, to be contra the generality of some of the Qur'anic verses, Sahiha Omar ibn Yazid, the legal principles and the spirit of law, it is not applicable and the option is not considered authentic.

According to Article 292 of the Iranian Civil Code, substitution of an obligation has three types, one of which is substitution of the CREDITOR. Many jurists believe that Paragraph 3 of the mentioned Article has mistakenly defined cession of claim instead of novation and therefore, there is a lack of a thorough definition for novation by substitution of CREDITOR in the civil code. In this paper, in addition to clarification of the differences among these two legal terms, a critical review of their distinctions regarding their legal background, change or existence of the obligation, extent of validity and parties of the legal relationship and also the state of guarantee of the obligation has been done. As a result, it's been found that in Iranian legal system, the legislator has independently accepted both of the legal terms of cession of claim and novation by substitution of the CREDITOR. Moreover, although the regulations of novation has been legislated briefly in only two Articles of the civil code, its complete nature, specific conditions and legal effects can be recognized by consideration of general rules of contracts and there is no room for confusing it as a subdivision or type of cession of claim.

Sometimes, With the permission of the legislature and without agreement between the CREDITOR and the debtor, Certain property of the debtor's property placed in Mortgages of right of CREDITORs. We will call this type of Security, Statutory Security. This legal entity, by Obtaining the pursuit and preferred from law, is as an important exception to Principle of equality of CREDITORs, the exception that favor some CREDITORs over others. In present article, This legal entity is defined and Legal nature, Basis, Instances and Effects of it is analyzed.

One of the largest number court cases, related to financial liabilities in the courts. “The law of the executing financial sentencing” performance way, the responsibility of insolvency proof is related to the debtor and he sees no difference between the sources of debt. According to this article, ignoring the history of the debt owed is the defectness cases of this law. So with this question that who is responsible for the burden of insolvency proof in debts of non acquainted to the financial? It Tryiedto prove with legal reasons that the insolvent debtor is not responsible. And therefore, according to these reasons, the law departments should consider the history of religion in the burden of proof on the parties included. Another issue that was addressed in this paper is the acceptance of financial responsibility and its affect on rich or poor debtor.The result is that the acceptance of financial responsibility without receiving any financial is not the reason for being rich of the debtor.

Generally, the inclusion of bankruptcy law in Iran's current legal system toward non-merchant debtors has created legal gaps in support of CREDITORs and debtors. Explaining the promotional aspects of aflas law such as public credit to debtors, observing the principle of equality between debtors, Explaining the promotional aspects of aflas law such as public credit to debtors, observing the principle of equality between debtors, preventing the escape of religion and enacting laws in accordance with the principles of jurisprudence and Islamic law will lead to the diligment and promotion of business relations and will develop the economic and commercial system. On the other hand, with the passage of the Financial Convictions Act 1394, a separation was created between the Law of Ahsar and Afras and the Bankruptcy Act. Although this was done with the aim of clarifying the commercial law, but in the executive office, it encountered problems such as the increase of lawsuits and disruption of the economic system, therefore, in the present study, the restoration of the Law of Aflas in the bankruptcy system of Iran due to its inclusion and generality towards the trader and non-trader has priority and prevents disruption of the commercial system and economic order of the society and supporting the debtor and non-merchant. will bring.

In the course of studying and reforming, the law of the method of implementing financial condemnation was discussed in parliament in 2014 and it was ratified by the Assembly of Recognizing the Benefit of the state after going through legal process. This thesis studied the mentioned law and contrasted it with juridical foundations and concluded that its benefits related to more attention to juridical foundations; cases such as differentiating debtors with regard to their previous record, reducing imprisonment, the method of offering binet, suggesting the ways of providing the backgrounds for employment, and so on. This study found some shortcomings of this law that relate to ignoring the predictions of jurisprudence for ending the struggle between debtors and CREDITORs. These shortcomings include not forcing the debtor to work and make money, not considering a portion of charity to help poor debtors. Moreover, there were some ambiguities in the sentences of the law that were studied in this thesis. However, it was a very useful effort and attempt in reforming the previous law.