Administrative Court of Justice Judicial supervision over the regulations governing the conclusion, ratification, and implementation of banking contracts

Rezaei, Esmail; Miri, Hamid; Yamrali, Saleh; MortazaviBerijani, Abdolhamid

doi:10.22034/mral.2025.2049264.1693

Administrative Court of Justice Judicial supervision over the regulations governing the conclusion, ratification, and implementation of banking contracts

Articles in Press

Document Type : Original Article

Authors

esmail rezaei ¹

hamid Miri ²

saleh yamrali ³

abdolhamid MortazaviBerijani ⁴

¹ PhD student in private law, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran

² Assistant Professor of Theology Department-Gonbad Qavous University-Gonbad Qavous-Iran Corresponding Author

³ Assistant Professor of Theology Department, Gonbad Qavous university Gonbad Qavous, Iran

⁴ Guest Professor, University of Judicial Sciences and Administrative Services

10.22034/mral.2025.2049264.1693

Abstract

One of the aspects of the judicial supervision of the Court of Administrative Justice has been the supervision of the regulations governing the Iranian banking system, which are mainly approved by authorities such as the Council of Ministers, the Central Bank, and the operating banks. Given the importance of this issue, the current article, using a descriptive-analytical method and based on library studies, has examined the most important aspects of the judicial supervision of the Court of Administrative Justice over the regulations governing the country's banking system, especially in the field of banking contracts. The findings of this article show that if we divide the regulations governing the banking system into three categories, including regulations related to the conclusion of contracts, regulations related to the ratification of contracts, and regulations related to the implementation of contracts, the general and specialized panels of the Court of Administrative Justice have so far exercised their judicial supervision over the regulations of all three areas; In some cases, this supervision has resulted in the annulment of the contested regulation or its partial annulment due to its being illegal, outside the authority of the approving authority, or contrary to Islamic law. In some cases, the existing regulations have been implicitly approved due to their non-annulment by the general assembly or specialized assemblies.

Keywords

Central Bank

Banking Facilities

Administrative Court of Justice

Banking Contracts

Judicial Supervision

Subjects