Comparative study of legal nature for credit cards in Iranian and American legal systems

Subject Areas : Journal of Law and Politics

علی Zare ¹ (ندارد)
ثمر Olfatpoor ² (ندارد)

Received: 2015-04-20 Accepted : 2015-04-20 Published : 2009-12-22

Keywords: Credit cards, guarantor, accepting party, electronic commerce, sale sections, Debt, assigned contracts,

Abstract :

In domestic and international commerce field, the credit cards have achieved aspecial position as modern tools for electronic payments. Therefore in order totaking steps along with the technology and to use these tools optimally, the Islamiclegal systems must take serious actions in stipulating written laws in this field.Considering that the main obstacle in forming and developing international creditcards in the legal system of Islamic republic of Iran is the discrepancy (noncomparing)of the related laws for the mentioned cards and jurisprudence Islamiclaws for banking interest, therefore first we discuss the principals and then we willmention the benefits and allowances of the credit card beneficiaries, legal nature ofthe transaction with the above mentioned cards this article, and we will offer somesolutions in this regard, analyzing the credit cards in Iran and Anglo-Saxon countriesin general. The general results of the research shows that in united states of America,in the laws stipulated by the federal reserve board of directors (central bank of theunited states)1 which supervises on the bank loans and the loan contracts in the lawsnowadays, the credit card contracts are stated in a frame work of concluding debt(loan) contracts, at the present time in Iran there is no written and uniformed lawwhich supervise on the private and governmental bank operations, which hasresulted to many problems and issues using these kinds of cards. Therefore in orderto remove the existing obstacles, we can take another step toward developingelectronic commerce in the country in accordance to the principal of free will,limiting the related contracts in the framework of the article 10 of the civil law andassigning the amount for interest and pre-assigned installments while the contractsare concluded, observing jurisprudence and legal principles.