Background and Purpose:The partnership contracts are one of the obvious methods for allocating the resources in without usury banking and the purpose of partnership contract is "contribution contract" in juridical books which the parties by merging each other’s pr More
Background and Purpose:The partnership contracts are one of the obvious methods for allocating the resources in without usury banking and the purpose of partnership contract is "contribution contract" in juridical books which the parties by merging each other’s properties and capitals, agree to cooperate in a specific business and share the profit and loss between themselves in proportion to their portion. However, in practice banks use a category of contracts to decrease the risk of repayment of such loans, increase of profit and avoid from imperative profit rate.Method: The present research was carried out using a descriptive and analytical method.Findings and results: added some conditions in the contracts of guarantee, settlement of account, donation and etc. in order to reach the fixed rate of profit they expect in exchange contracts in the form of partnership. Including such conditions in such a contracts lead to substantive exit of contract from common definition of partnership contract. But the operation of banks in economic analysis of law is nothing except to try to earn profit and avoid loss based on the theory of reasonable behavior in economy. So, it seems the first step to amend this defective cycle is consider the problem of inflation and decrease of value of money as one of the facts in country's economy. The solution is to finance partnership projects by banking investment funds or it is independent from banks.
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