نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
2 دانشیار گروه حقوق خصوصی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Banking contracts, as an example of the most widely used additional standard contracts, are concluded between the credit institution (in the general sense) as the strong party to the contract and the consumer.The adhesion nature of the contract along with the complexity of its provisions and the superior position of the credit institution provide grounds for the abuse of the strong party of the contract. However it is not always the case that the consumer is abused; Information asymmetry sometimes has the opposite result and leads to moral risks on the part of the consumer. After passing through the financial crisis of 2007-2008 the term "abusive" seriously entered the legal-financial literature of the United States of America due to the Wall Street Reform and Consumer Protection Act. The inadequacy of the regulations in preventing the occurrence of the crisis, as well as the inability to deal with the financial crisis, led to a review of the existing mechanisms for managing the financial markets, especially in credit contracts and the granting of facilities under review. In addition to establishing the Office of Financial Protection of Consumers, the aforementioned Act gave this office the authority to determine and prosecute abusive financial acts and practices. In the present article, in a descriptive-analytical method, after studying the background and origin of abusethe concept and sanction of the implementation of this prohibition inthe legal system ofthe United States of America are discussed.. In the following, the existing mechanisms and examples in Iran's laws are evaluated in accordance with the aforementioned legal system. Finally, the expansion and development of the existing mechanisms in the domestic law system in order to deal with the abuse of the strong party of the contract,inaddition to referringto general rules and starting the movement towards newapproaches in consumer protection can beinferred.
کلیدواژهها [English]
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