نوع المستند : مقالة علمية و بحثية
المؤلفون
1 أستاذ مشارك، قسم القانون الخاص، كلية الحقوق، جامعة قم، قم، إيران.
2 طالب دکتوراة، قسم القانون الخاص، كلية الحقوق، جامعة قم، قم، إيران (مؤلف مسؤول)
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلفون [English]
This research deals with the legal basis of the bank's civil responsibility for money laundering through a comparative study between the Iraqi law and the Iranian law. The problem of the research is to identify the cases where the failure of the bank in verifying the identity of the customer and the real beneficiary, monitoring the operations, keeping the records and reporting the suspicious transactions turns into a professional error that leads to compensation. The research shows that the civil liability of the bank has been concluded in two integrated forms, namely the contractual liability towards the customer in the scope of the implementation of banking services, and the tortious liability towards third parties when damage occurs to parties not related to the bank in the contractual relationship. In Iraq, the general rules of civil responsibility are strengthened by the regulatory obligations, which include the Anti-Money Laundering and Terrorist Financing Law No. 39 of 2015, especially the obligations of due diligence and record keeping and compliance programs. In Iran, the study is based on the rules of civil security, along with the provisions of the anti-money laundering law and its amendments, as well as the executive regulations that record the identification of the owner of the reference, reporting, and data protection. The article is based on its comparative analysis, combining the reading of the civil texts with the specific texts on anti-money laundering and regulatory applications, then examines the standard of banking error, the elements of damage and causation, and the difficulties of proof in claims related to complex financial flows. The study concludes that determining the limits of the graded banking care and activating the internal compliance mechanisms and unifying the judicial standards in assessing fault and causation represent the necessary ways to achieve a balance between the protection of the necessary and the establishment of the banking practice.
الكلمات الرئيسية [English]
المصادر العربية
المصادر الفارسية