The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The Nature of Money and its Legal Functions in Iran’s Judicial and Banking System

Document Type : p

Authors
1 Doctoral Student, Private Law, Islamic Azad University, Tabriz Branch.
2 Azarbaijan shahid madani university
3 Professor of Islamic Jurisprudence, Tabriz University.
Abstract
Based on the legal functions of money in the judicial and banking system of the country, the present research deals with the practical analysis of what and nature of money. This research expresses this approach that the nature of money is not separate from its functions and the broad legal nature of money can be identified from its multiple functions. Contrary to the dominant approach that focuses on the nature and function of money, it should be acknowledged that this legal and economic phenomenon has multiple natures and functions that affect the limits of the monetary commitment. Today, these functions are emerging both in the judicial system and in the banking system of Iran, including banking transactions and banking operations, especially that the execution of court orders in the field of contractual or non-contractual monetary obligations is realized through the banking system. The current research with a descriptive-analytical method is an explanation of a comprehensive theory under the title of  multifaceted nature of money. In short, it should be said that considering the three major and main functions of money, i.e. a tool for payment, a tool for clearing and settlement of monetary obligations, as well as a tool for compensation for damages caused by the decrease in its value and the multiple legal functions of money in the judicial and banking systems, adopting the unit nature approach is not acceptable for money.
Keywords

  •  Beale, H. (2021), Chitty on Contracts 34nd Ed, Consolidated Mainwork Incorporating Second Supplement, I - General Principles, Part 8 - Remedies for Breach of Contract, Chapter 26 – Damages, Section 4. - Measures that are not Strictly Compensatory, (d) - Account of Profits, Publisher Sweet & Maxwell, U.K. 26-057, Account of profit in commercial cases

    • Carbonnier, J. (2000), Droit civil: les biens, 19ed, Paris: Presses Universitaires de France
    • Flemington, B., & W. Coleman (1995), Money and Finance in the Australian Economy, Sydney; Chicago: Irwin, I cd.
    • Proctor, Ch. (2005), Mann on the Legal Aspect of Money, 6th, Oxford: Oxford University Press.

  • Receive Date 21 May 2023
  • Revise Date 21 February 2024
  • Accept Date 02 June 2024