نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش‌آموخته دکتری حقوق خصوصی، دپارتمان حقوق، دانشگاه مفید.
2 دانشجوی دکتری حقوق عمومی، گروه حقوق عمومی، دانشکده معارف اسلامی و حقوق، دانشگاه امام صادق علیه‌السلام، تهران، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
After realizing the necessity of intergenerational justice, many countries have pursued solutions such as establishing development funds for its realization and the productivity of the next generations from the national wealth. These funds usually pursue long-term goals such as converting national resources into lasting wealth with increasing productivity by granting facilities or directly investing in development projects. The National Development Fund in Iran mainly operates in the form of grant facilities through the conclusion of agency contracts with banks, which has always led to grave challenges, especially regarding the collection of claims for granted resources. Although the agency contract of the National Development Fund with the banks had concluded in the form of additional and inflexible contracts and the fund has tried to reduce the risk of return of its resources to the minimum possible level in the form of the conditions included in a contract, but, it still has problems in collecting claims. It is serious.
This article tried to examine the nature of the relationship between the client, the bank, and the National Development Fund in granting facilities and its effects with a descriptive and analytical approach, while explaining the process of granting facilities and explaining its legal ambiguity, especially in the mentioned tripartite relationship. Prove that the current problems of the National Development Fund are caused by the unfair nature of the mentioned relationship and that current contracts cannot cover the contractual risks of the facility. In the end, specific suggestions such as concluding deposit contracts instead of agency in some cases, using the capital market mechanism, modifying the conditions while concluding the agency contract, replacing exchange contracts, especially Istisnaa instead of partnership contracts, and finally complying with credit risk management requirements to improve the current situation, the current unfavorable situation can be sorted out with their help.
کلیدواژه‌ها [English]
)
