خلاصة:
Handing over safe deposit boxes in the form of a lease contract is one of the types of banking services provided by banks to their customers. The discussion about the legal nature of this service is one of the challenging topics in banking law; However, until now, a comprehensive law that can explain its nature and elements has not been approved in this field. This has turned into a dispute between lawyers and experts in the banking system regarding the legal nature of the relationship between the bank and the customer. Because, on the one hand, the nature of this relationship is similar to the rules of the deposit contract and on the other hand, to the rules of the rental contract. The existing disagreements about the nature of trust fund rental contracts motivated the researcher to explain the existing rules in a descriptive way and using content analysis and finally come to the conclusion that the legal relationship between the bank and the customer regarding trust funds Trusts cannot be applied to deposit and rental contracts, and it is better to look at and interpret them as a special contract under the title of "protection contract" and within the framework of Article 10 of the Civil Law, with a special and independent nature with its own special conditions and provisions.
ملخص الجهاز:
The existing disagreements regarding the nature of safe deposit box lease contracts motivated the researcher to use a descriptive method and content analysis to explain the existing rules and finally reach the conclusion that the legal relationship between the bank and the customer regarding safe deposit boxes cannot be applied to deposit and lease contracts, and it is better to view and interpret it as a special contract under the title "Protection Contract" within the framework of Article 10 of the Civil Code, with a specific and independent nature and its own special conditions and provisions.
Some believe that the legal relationship between the bank and the customer in leased safe deposit boxes is a trust-based one and follows a deposit contract (wadiah).
This service, as previously mentioned, is considered a commercial act within the framework of Article 2 of the Commercial Law. 2-4- The bank's non-guarantee clause in the safe deposit box service Based on Article 631 of the Civil Code, in a deposit contract, the trustee has no responsibility for the loss or deficiency of the entrusted property, and their responsibility is limited to cases of transgression and negligence.
According to the general rules of liability, the relationship between the bank and the customer in safe deposit boxes is not a trust relationship, and this relationship is based on a lease contract and the provision of a service to the applicant.
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