The legal juridical examining of issuing check to representation and the resulting responsibility in securing the place of check
Subject Areas :
Seyed Mohsen
Jalali
1
(Assistant Professor, Department of Jurisprudence and Principles of Islamic Law, Torbat-e Heydarieh Branch, Islamic Azad University, Torbat-e Heydarieh, Iran)
afsaneh
Khakshoor gharagegheh
2
(Lecturer articls Islamic Azad University)
mohammad ali
saeedi
3
(Assistant Professor of razave University of Mashhad)
Keywords: representation, liability, Securities, remittance, Check,
Abstract :
AbstractA check is a commercial, valid and legal document with a certain amount by the bank, which, as a religious document, indicates that the issuer owes the amount of the check.Due to the difference of opinion among jurists regarding the nature of the check, they are known for being draftThe conclusion of this research, which has been compiled by descriptive-analytical method based on library data and content analysis, is that the validity of the issuance of a check by a legal representative depends on its completion within the scope of delegation authority and legitimacy to issue it.in provision 19 and waver 2& 3 of provision 5 The law of check Issue amendment approved 97 considers the liability of exporters as a guarantee, that its reason can be considered in the protection of the rights of the creditor in the event of insolvency or bankruptcy or escape of one of the exporters.Although in the jurisprudence of Imamiyyah and civil law, the theory of quotation of acquittance prevails for joint and several liability, but in the jurisprudence of general jurisprudence and the law of commerce, the theory of quotation of acquittance ofaddition prevails for the joint and liability.The novelty of this article is liability of the account holder and the legal representative to the holder of the check as a global commercial document based on jurisprudence and the law in question.Keywords: Check, Remittance, Representation, Securities, Liability
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