The Role of Interpretation and Description in Distinguishing Check Deposit from Check Issuance

Document Type : Scientific Research

Authors

1 Assistant Professor, Private Law Department, Faculty of Law, Theology & Politic Sciences, Tabriz Branch, Islamic Azad University, Tabriz, Iran

2 Professor of Department of Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran.

Abstract

Although the two legal entities of "deposit check" and "check issuance" in most cases have different and distinct functions, sometimes and in cases of lack of evidence for each of them, the judge is confused between the two entities and faces a problem in distinguishing and distinguishing them from each other. Such cases of conceptual confusion between the two entities are realized if the plaintiff claims fraud in a trust check, but the defendant claims that the check was issued for the plaintiff's debt and was placed at his disposal, and neither of them can provide any evidence for their claim. Therefore, the main question of the research is: "How can a trust check be distinguished and distinguished from the issuance of a check in the aforementioned cases?" The research method is descriptive-analytical with reference to library tools, and the research has reached the following general conclusion: The only exclusive solution for the judge to distinguish and distinguish between deposit check from check issuer is to use the two institutions of interpretation and description, respectively.

Keywords

Main Subjects

References

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Civil Law Knowledge
Volume 14, Issue 28 - Serial Number 28
January 2026
Pages 133-144

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