جستجوی مقالات مرتبط با کلیدواژه "partnership contract" در نشریات گروه "علوم سیاسی"

Civil partnership contract is one of the new contracts that have been established in Islamic banking in different countries. In Iranian legal practice, a civil partnership contract or partnership agreement is a contract in which one or more partners and one or more developers or executors of a project start a joint venture to carry out a specific project. The definition of a civil partnership contract is fully consistent with the traditional form of a partnership contract and has only a few differences that are addressed in this article. Given that the main purpose is to examine the status of civil partnership in Iranian law and Islamic countries, this can include positive points that are useful in assessing the performance of interest-free banking in Iran. In this regard, Musharaka, Mudaraba, Qard al-Hasan and Murabaha partnership contracts are among the contracts used in all Islamic banking systems of Muslim countries. In addition, some contracts, such as Istisna', are more common in Jordan, Saudi Arabia and the United Arab Emirates. It is assumed that in practice, little information is available about the performance of Islamic banks in the field of partnership contracts, how to calculate real profits and possible solutions used by these banks to overcome the implementation problems of these contracts. Similarly, scattered statistics indicate a low share of partnership contracts in the investment and financing activities of Islamic banks in different countries.

Today, banks try to reduce their risk in banking affairs by imposing conditions of negation of responsibility in two contractual and operational (non-contractual) formats. Among the various banking contracts, partnership contracts and especially mudarabah and civil partnership contracts, which unlike exchange contracts, the discussion of the responsibility of the facilitating bank is very important, include specific conditions resulting in non-responsibility. Partnership is one of the methods of financing economic activities approved by Islamic banking, based on its jurisprudence, it is formed from the mixing of partners' capital, and all partners have the right to intervene and monitor the economic activity and its management; Among the most basic concepts of the partnership contract is the distribution of profits and losses at the end of the economic activity or contract, in proportion to the capital of each partner. The obtained results show that in the field of profit and loss sharing, the necessity of the contract as well as its permission for the bank and the customer's requirement to buy the share of the bank's share are included in the contract. The type of research method is descriptive-analytical and based on the library method.