جستجوی مقالات مرتبط با کلیدواژه « اوراق رهنی » در نشریات گروه « فقه و حقوق »

Money market and capital are two important financial institutions in any country that have a close relationship with each other, and these two markets can be liquidated through the money market, changing data and conditions in a figure that is considered liquid money. The support of financial resources equipped in the capital market. Pawn book is valuable as one of the communication links of money and capital market in the conversion of facility assets in the library. However, the conversion of personalized amounts into facilities and future incomes based on investments through the primary market and the secondary market threatens us with a phenomenon called creation money, especially in the banking system, and considering the most famous monetary creations. Religion knows, the answer to the question of whether the mortgage book market is based on debt from the area where it is supposed to grant facilities and investment has jurisprudential validity or not, is the desired location. The answer to this question in an analytical and descriptive way with reference to jurisprudential documents leads us to the conclusion that financial resources and financing are provided through the release of facility asset resources in the secondary market with the support of banking banks and granting these banks to banks. . Other people in Puli and the financial country have been free of problems.

Financing is one of the most important issues in the resistive economy. There are a variety of financing options available in Iran, including the capital market, but given the risk aversion of investors to enter this market, Islamic financial instruments such as securities emerged and were highly sought after. Islamic financial instruments known as Sukuk bonds have been widely accepted. Sukuk Al Ijara are the most applicable Sukuk in our country. One of the unprecedented topics in this field is the study of executable options as a means of terminating the securities. In this study, at first the basic legal and jurisprudential foundations of options such as rule of prohibition of detriment, interpretative law, the rule of will power, intention and consent of contract's parties, expediency, protective theory were described. Then, Enforceable options in Sukuk Al Ijara bonds as predictive and offsetting measures of contracts by mentioning examples of each option was examined. The results of this study indicates that it is possible to execute  following options  such as defect, deceit, lesion, conditions, unfulfilled conditions, inspection, sales unfulfilled in part, impossibility of delivery and  insolvency in relations of the contract's parties.

Inefficiency of banks’ checklist supervision, in face of global financial crisis especially in EU, raised prudential regulation as a new supervision tool in financial markets’ supervision, particularly banks. Because of the obligatory and legal features of these kinds of regulation, these regulations have a legal importance and functions more than economic or financial management aspects. Iranian bank system, following this global movement, has passed prudential regulation in its bank regulatory system and has developed the Iranian bank law. However, the structural and functional challenges in Iranian bank prudential regulation, has caused the efficient risk management to fail, that the root of these failures and insufficiency should be sought in the legal aspects of Iranian bank prudential regulatory system. In order to perform a critical study on operational and functional structure of prudential regulation in Iran, in an analytic and descriptive method, the directions, regulations and laws related to prudential supervision in Iranian banking law, in light of Basel Committee Standards and Islamic principles has been studied. To play the effective role of legal function of prudential regulation in Iranian banking system concluded that it is necessary to redefine the legal competence of prudential law makers, executors and supervisors in order to eliminate the conflict of law in three mentioned part of prudential regulatory system. Also, it is suggested to determine specifically the civil and disciplinary responsibilities of the prudential law-breakers and to define the sufficient punishment and controlling legal options like the revocation of bank license or to deprivation of professional competence of bank managers.