Deposit Bonds at the Crossroads of Loan and Credit: A New Assurance Against the Erosion of Value with a Legal Perspective"

Document Type : Science - Research (Islamic Banking)

Authors

1 Master's degree in Private Law, Department of Law, Faculty of

2 Associate Professor, Department of Law, Faculty of Theology and Islamic Studies, Meybod University

3 Assistant Professor, Department of Law, Faculty of Theology and Islamic Studies, Maybod University, Maybod, Iran

10.30497/ifr.2025.247241.1925

Abstract

The control of liquidity growth and inflation has led the central bank to issue new bonds called "Deposit Bonds". Since these papers are presented as a new institution in the country's banking system, its jurisprudential and legal analysis is necessary. Among the main questions in the current research, the following can be mentioned: What is the nature of the deposit bonds issued by the Central Bank and which of the existing common contracts are they compatible with? Based on what analysis, the deposit papers are compatible with the civil law deposit contract? Therefore, in this research, using the descriptive-analytical method, while explaining the way of issuing deposit bonds and comparing them with similar bonds such as bonds and partnership bonds, we will analyze its nature and analyze the challenges facing these bonds. It seems that the legislator did not mean to deposit money, the nominal value and the same as bills; Rather, the real and credit value of money is the criterion. In fact, it was a kind of credit deposit intended by the legislator. Also, in overpayment, the criterion of real value and purchasing power of money is considered. In other words, the words overpayment and interest in these bonds are not interest to include usury; Rather, the real value and initial purchasing power of money is the criterion, not its nominal value.

Keywords: Deposit Papers, Trust, Loan, General Deposit, Deposit, Bank

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Main Subjects

  • Receive Date: 09 November 2024
  • Revise Date: 01 August 2025
  • Accept Date: 28 April 2025