Authors : Saeid Almasi
Abstract: Bank contracts have unique significance in the law and in public. One of these contracts is bank loan allocation contract. Because scholars have always considered the terms of this contract as the cause of disputes between banks and customers in the present study the researcher attempted to use relevant fiqh and law resources to investigate into the issue of unfair terms in bank contracts. The legal status of unfair terms in bank contracts was analyzed by studying the legal nature of unfair terms in contracts and comparing them with some terms in bank contracts. Furthermore, the terms stipulated in loan contracts and requirements in bank contracts were also studies. The results indicated that there are unfair terms in bank loan contracts as an instance of bank contracts. Since the customer is cognizant of these terms not only are they valid but also they do not cause the contract to be void. The customer can declare his objection to the terms by referring to competent judicial authorities and by 8interpreting or modifying the disputed terms, the magistrate can resolve the dispute and force the bank and the customer to accept the explicit concept of the terms.
Saeid Almasi , 2016. Unfair Terms in Bank Contracts from the Perspective of Fiqh and Iranian Law. The Social Sciences, 11: 2028-2034.