The Federal Supreme Court upheld a bank’s appeal against an appeal judgment, which did not require it to compel a customer who declined to repay a loan of 2.3 million dirhams with interest at 12%, stressing the importance of implementing what was stipulated in the contract between the two parties.
The bank said that it “granted the defendant financing in the form of murabahah, as he sold him investment certificates with the amount of the claim, including the agreed profit, provided that it is at 4% annually, and failed to pay the installments due on the agreed dates and deadlines, and consequently according to the agreement concluded between them The bank for all the installments at once, and the defendant declined to pay the debt owed by his debt.
The court of first instance ruled the assignment of a banking calculation experience, and the expert fulfilled the commission entrusted to him, and developed two methods of payment, the first as a full payment and the second as a partial payment, the court ruled by obliging the defendant to pay the claimant bank an amount of 2,321,572 dirhams with the interest agreed on the original amount granted 1.347.805 Dirhams, at 4% per annum, from the date of the claim until full payment, provided that it does not exceed the principal, and reject any other requests.
The Court of Appeal ruled to amend the ruling to make it obligatory for the defendant to pay the plaintiff an amount of Dhs. 501,132.28 due to be paid by October 2019, and not to accept the lawsuit for the amount claimed after this date until August 2034 to raise it prematurely, and to support it otherwise.
This judiciary was not accepted by the bank, so he appealed against it, explaining that the ruling violated the law, as it reached the emergence of the obligation and the defendant violated his obligation before him, in line with the ruling of the beginning and the mandated experience in that, but he jumped from the application of the contract linking the two parties, and decided That the unpaid installments amounted to 49 months, the violator must be obligated to pay it, and that the rest of the claimed installments that are not yet due must not be accepted to file the claim prematurely.
The Federal Supreme Court upheld the bank’s appeal, explaining that in the matter of defining the contractual obligations and the authority empowered to implement them, the reference to that is to the terms of the contract that act as the seat of law between the contractors, because it regulates how the contract is executed and its limits and the obligations and obligations of the parties to the contract.
She added that the interpretation of contracts, scribes and contracts is at the heart of the authority of the court of the matter, and it is a purely legal issue that cannot be abandoned, and the experts are authorized to decide on them.
She continued that the tasks of the experts are limited to the realistic technical side of the dispute, and determining the extent of the bank’s entitlement to pay the unpaid balance from the murabaha price at one time or not is one of the issues of the law in which the separation is due to the principles established by the laws in force, and what the jurisprudence of the judiciary has established in the matter of implementation What the contract requires, and does not depart from what the contracting parties agreed upon, in which the court is obligated to implement the contract after interpreting its clauses in order to find the apparent meaning of its terms, in order to reach the destination of the contractors and fulfill their common will.
The court clarified that the two parties to the collision brought together a financing agreement in the form of murabaha, and the bank’s financing value for the borrower was 1.347.805 dirhams, at a profit rate of 4% annually, and the amount of profit calculated at its value of 1,019,839 dirhams, so that the total amount of the financing and its profits amounted to 2,367,644.12 dirhams. To pay its obligations to the bank in full, and that the recovery period for the amount of the financing and its profits be over a period of 227 months, at a value of 10.523 dirhams for each monthly installment, and the agreement stipulated: “If the buyer fails to pay any installment of the murabaha price on the date of payment, the unpaid balance of the murabaha price becomes due on Immediately at once.