The College of Law at the University of Baghdad discussed a master’s thesis in the private law branch of the student Haneen Ali Mezher, tagged with (the responsibility of the bank in dealing with depositors – a comparative study) on Tuesday 4/10/2022 in the conference hall of the college.
The discussion committee consisted of Prof. Dr. Akram Muhammad Hussein as Chairman, Assistant Professor Dr. Esraa Khader Khalil as a member, Dr. Andalus Hamed Abed as a member, and Assistant Professor Dr. Khalis Nafie Amin as a member and supervisor.
This thesis aims to the fact that deposits, whether cash deposits or deposits of bank notes, with regard to cash deposits, money is one of the most important deposits, but rather it is the backbone of banking operations, according to which the bank grants credit to its customers, the bank is the safe and comfortable place to deposit their funds.
thesis also included three chapters, the first of which dealt with the nature of the bank deposit, the second chapter, the bank’s obligations in the bank deposit, and the third chapter dealt with confronting the bank’s breach of its obligations arising from the bank deposit.
The most important recommendations reached by the study are to take into account all opinions regarding the legal nature of the cash deposit contract, and to leave its nature to the subject judge by considering the common intent between the contracting parties and according to the purpose and objective of the deposit, otherwise it will become a loan without the need to stipulate that in the deposit contract and then conditions are applied to it The loan, the Iraqi legislator did not refer to the issue of calculating interest on the amounts deposited in the account of the depositor customer, so we suggest that the Iraqi legislator include a text in this regard as well as specifying the time when these interests are due, similar to the Lebanese legislator in the Land Trade Law No. 304 of 1942
