Judicial Law Views Quarterly (Law Views)

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Gasemi hamed A, Ameri M. Legal Presumption of the Further Liability of Creditor on Breaches by Supplier in Debtor-Creditor-Supplier Agreements. دیدگاه‌های حقوقی 2020; 24 (88) :59-79
URL: http://jlviews2.ujsas.ac.ir/article-1-1451-en.html

In tri-lateral consumer credit agreements, Recognition legal liability of lender on breaches by supplier is based on two undeniable realities: 1- close relations of lender and supplier so that they seem to be a Joint venture. 2- Responding the requirements of distributive justice and supporting the consumers as the weaker party by imposing all losses incurred by consumers due to any breach of contracts by suppliers on lenders. Whereas in UK the creditor is liable for all losses suffered by Consumer, in US, this liability is limited to the amount of credit not settled. In Iranian Legal system, regardless of lack of protective legislation on consumer credit, considering the method of conclusion of tripartite credit agreements, recognition of liability of lenders encounter two main obstacles. Lack of effective relations between the lender and supplier in most credit agreements is the first. Intensive interpretation and replacing the criterion of the possibility of derivation of common interest between supplier and creditor can solve this problem. The Second obstacle isconferring the role of seller to the creditorin almost all of the tripartite credit agreements, concluding the contract in the form of direct loan, resulted in the unification of the role of the supplier and the creditor in one person. Since conferring the role of seller to creditors is artificial and just in order to withhold gavel, passing over this artificial form and interpreting the real intent of the parties abate this obstacle.
Keywords
Trilateral credit, Creditor, Supplier, Consumer, Legal liability