The limits of banks' activity, the optimal limit of the legal prohibition of ‎investment and entrepreneurship with a comparative approach

Document Type : Research Paper

Authors

1 Department of International Trade and Investment Law, Faculty of Law, University of Shahid ‎Beheshti, Tehran, Iran‎

2 Department of Law & Political Sciences, University of Tehran, Tehran, Iran‎

Abstract

Banking has always been one of the most important economic issues in any society, and today, due to the bank-oriented nature of our society's economy, the study of banking law issues has a special priority. One of the most challenging issues in this area is the phenomenon of bank entrepreneurship, which has attracted the attention of many media and experts. The purpose of this study is to legally study the process of separation of commercial banking and investment banking, as well as to examine the legal aspects of the phenomenon of bank entrepreneurship with a comparative approach and to examine the reasons for banks to move forward and to examine the Islamic position on this phenomenon. The author's research method in this research is descriptive-analytical, which has tried to study and analyze the subject by referring to books, articles, and interviews. Due to the economic conditions of society, bank entrepreneurship is an inescapable phenomenon and a way to preserve the existence of banks and their customers and also to prevent the spread of contagious risk to the country's banking system, which according to the definition of Islam is part of the nature of banking. Which must have a limit and not be unrestrained to cause harm to the country's economy.

Keywords

Main Subjects

References

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Comparative Law Review
Volume 15, Issue 1
Espring & Summer
July 2024
Pages 185-206

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