Commitment to Present Information and Balancing the Inequality of Information to Recipient of Bank Facilities in Credit Contracts with Comparative Study

Document Type : Research Paper

Authors

1 Ph.D Student in Private Law, College of Farabi, University of Tehran, Qom, Iran

2 Assistant Professor of Law, College of Farabi, University of Tehran, Qom, Iran

3 Ph.D in Criminal and Criminology Law, Islamic Azad University, Science and Research Branch, Tehran,Iran

Abstract

Commitment to provide information and even advice to the recipient of facilities (consumer) after the industrial revolution and consequently, the formulation of the basic principles of consumer protection is the supplier's duties and in consumer credit contracts that are most commonly used in the banking system, this commitment also has a fundamental place. However, in contrast to complicated Islamic contracts in Iran bank system, they have no commitment to advice and guide the consumer and this matter has effected the free and conscious will of consumer. So the question arises whether the consumer who receives no information and advice, can express his will freely and consciously and in such circumstances, the contract will essentially be concluded? Therefore, in this paper, the task of providing information and advice to the provider of credit has been defined. with a comparative study Regarding the acceptance of consumer rights and the enforcement of consumer rights law Approved in 2009 in the banking system we conclude that banks should be based on good faith and the need for mutual agreement and the acceptance of the task of consulting and providing responsible credit has to provide clear and complete contractual information to the consumer in order to return contract balancingto the consumer credit contract.

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Main Subjects

References

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Comparative Law Review
Volume 10, Issue 2
Autumn & Winter
October 2019
Pages 387-405

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