Effects of New Endorsement in the Amendment Law of Check Issuance Law Approved in 2017

Document Type : Scientific Research

Authors

1 Assistant Professor of private Law of the University of Mazandaran, Iran, Babolsar.

2 Ph.D. in Private Law, University of Mazandaran, Babolsar, Iran.

Abstract

According to Note 1, Article 21 of the Check Issuance Amendment Law approved in 2017 and subsequent amendments, about Sayyad’s checks, the check transfer registration in the Sayyad system will replace the endorsement of the check. Determining a specific method for the transferring commercial document is a new that the legislator has provided for and it can provide reasons for expanding the validity of the check as the most widely used commercial document and restore its position in commercial and economic exchanges. Although the above-mentioned note is not ambiguous, but the lack of cancellation of the traditional endorsement and its validity suggests that the traditional plays a role in the existence of the new, or that the legislator has considered its deletion. Therefore, according to the change in the way of transferring a Sayyad’s check The possibility of transferring fishing checks in the traditional way should be discussed, so that the legislator's intention of such an innovation can be discovered and the judicial procedure in dealing with the mentioned text is also evaluated. Therefore, after examining and expressing legal views about the role of traditional endorsements in the transfer of Sayyad’s checks, the nature of the transfer of said checks through traditional endorsements and the rights of the holder, this approach has been accepted that the law The transfer of Sayyad’s checks has been made an exception and endorsement has been made a ceremonial legal act, so the transfer of Sayyad’s checks through traditional endorsement will be a civil transfer.

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References

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Civil Law Knowledge
Volume 13, Issue 26 - Serial Number 26
October 2024
Pages 133-146

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