تعــــارض المصالح في المعاملات المالية “دراسة مقارنة” )

Conflict of interest in financial transactions)) A comparative study

This topic is one of the most important legal topics that did not receive its appropriate share of study and analysis, and this is the most prominent reason why we chose this topic, as it is not hidden from everyone that the financial transaction includes the presence of two or more parties, each of whom wishes to have his own superior interest and preference, even at the expense of an interest The other, and this results in the contradiction between these interests, which requires analysis and weighting, so the researcher studied this contradiction and analyzed the particles it contains in order to adequately stand on the issues that contribute to revealing the legislative shortcomings and to develop appropriate solutions to them.
In this context, many pivotal questions appeared that the researcher tried to answer in the course of the research, the most important of which is knowing the legal and legal basis on which this type of conflict is based. Interests, and other central questions that aroused the researcher’s interest with regard to the foundations adopted by the legislator for weighting between the conflicting interests, and are these foundations general foundations that apply to all applications of the conflict, or are they special foundations that apply to some of them without the other, and in order to answer this question he did not find The researcher has a better solution than extrapolating and analyzing the texts of the law themselves in order to determine the scope of these solutions’ work and the extent to which there is a general or specific character in the solutions presented, which represents the meaning of weighting between these conflicting interests.
As a result, the researcher found during his research that the conflict of interests accompanied by an actual or judicial dispute is one of the matters that the legislator does not want to exist; Because it takes the financial transaction out of its natural stability and negates the purpose of conducting this transaction, and from this matter the researcher concluded a number of results that he deems consistent with this study, the most important of which is the result whose significance is that the legal basis for conflict of interest is represented in (the desire to protect the interest) and it is intended to It is that the multiplicity of interests between more than one person is based on the desire of each of them to protect his interest, which is found in conflict with other interests