نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
In Iranian law, bank credit facility agreements serve as a primary instrument for financing and the circulation of credit; the proper fulfillment of obligations arising from these agreements plays a fundamental role in maintaining economic order and safeguarding the interests of both the bank and the client. This research aims to delineate the most significant instances of non-compliance with bank credit facility agreements and to examine the resulting legal consequences within the Iranian legal system. The central question concerns the primary forms of breach of obligation in such agreements and the legal implications these breaches entail for the parties involved, as well as for guarantors and providers of collateral. The study employs a descriptive-analytical methodology, drawing upon library research, banking regulations, and the general principles of contract law in Iran. The findings indicate that non-compliance is not limited solely to the failure to pay installments; it also encompasses the use of funds for purposes other than those stipulated in the agreement, the provision of false or inaccurate information, the failure to complete collateral requirements, the violation of contractual terms, and even the bank’s own failure to fulfill its obligations. Consequently, the primary legal consequences of such non-compliance include the recovery of the principal debt and ancillary charges, the enforcement of liquidated damages (penal clauses), the acceleration of debt maturity, the execution of guarantees or collateral, the imposition of contractual liability, and the right to initiate legal proceedings before competent authorities. Nevertheless, the application of these consequences must remain consistent with mandatory legal provisions, the validity of contractual terms, the principles of equity, and the prohibition against the abuse of rights.
کلیدواژهها English