M.A. Thesis:

A Comparative Study of Bank Partnership Agreements in Iranian Law and French Law

Banks are one of the types of companies that have become increasingly important in Iran in recent years and have a very important and significant role in the economic cycle of the country and sometimes carry out various activities with the participation and cooperation of people. The present study aims to comparatively review contracts Participation in banks was done in Iranian and French law. The research hypothesis was that it seems that a civil partnership was created between the bank and the customer, and according to that, by receiving capital from the bank, the person also shares the bank in his investment, but in the system. Instead of trying to enforce the contract properly, Iranian law has focused on using the apparent form of the contract, while in the French legal system, partnership agreements with banks have led to general, common, and uniform rules for the contract. The results show that according to Iranian law, in a civil partnership with a bank, banks can acquire a higher percentage of capital in a civil company, and instead of trying to properly execute this contract, the term borrower facility has been used; Even customers without intending to actually participate, in They enter into a contract that will have many legal consequences for the parties, and in return for various irresponsible conditions, they try to reduce their risk and seek more profit. French law can be seen as rules that emphasize the equality of the two parties to the contract, especially the weak person in the performance of contracts, and this can be seen in the principle of good faith. In general, partnership agreements with banks in France are subject to general and uniform rules. It has been concluded, but in Iran there is no independent section for common and uniform rules. Therefore, there are objections in the Iranian legal system in this regard, which requires the creation of a comprehensive and codified legal framework.

Keywords: French , Contract, participation, Bank, Law, Iran