Examining the inclusion of the unanimous vote No. 794 of the General Board of the Supreme Court regarding "participatory facilities"

Abstract

The General Board of the Supreme Court of the Country invalidated the condition of "excess interest over Central Bank's approvals" in contracts granting banking facilities by issuing unanimous decision No. 794 dated 21/5/2013. Regardless of accepting or not accepting the criticisms of this ruling, this ruling is not controversial about "exchange contracts" whose interest rate is fixes at the time of conclusion, but because of the nature of "Partnership Contracts," it raises an important question. Did it include these contracts or not? In this regard, some experts believe that according to the "jurisprudential foundations" and the "law of interest-free banking operations" the mentioned decision does not include "partnership contracts" because the inclusion of "expected profit" is only to prove the permission of the bank to enter the stage. is the conclusion of these contracts and the rate of "definite profit" in these contracts is determines after the "end of participation and audit"; On the other hand, some others believe that the said decision includes "partnership contracts" as well because what is included under the name of "expected profit" rate in these contracts, in practice, without any change, is the basis for regulating the relations between the bank and the customers. Keywords: banking law, unanimous decision No. 794 of the General Board of the Supreme Court of the country, partnership contracts, exchange contracts, interest rate, approvals of the Jurisprudence Council on Money and Credit of the Central Bank.

Keywords

• banking law
• verdict of unity of procedure794 of the general assembly of the supreme court
• partnership contracts
• exchange contracts
• interest rates
• approvals of the monetary and credit council of the central bank