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Owner rights of negotiable instruments on Funds; Ideas and regulations with a critical approach
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Mohammad Shokri   |
| PhD in Private Law and Faculty Member, Payame Noor University, Tehran, Iran , mshokri.pnu@gmail.com |
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Abstract: (2552 Views) |
The issue of funds as a source of payment for commercial documents is of special importance. The funds is reserved only for draft and checks, and in the case of promissory notes, it is excluded. In some legal systems, by issuing and endorsing you, its funds is also transferred, and in others, it believes that the funds is not transferred, and sometimes the holder finds an exclusive right to the funds. In addition, contractual transfer of funds is sometimes accepted.
The approach of this issue appears in the situation of the issuer's death, bankruptcy and confiscation of property. In the Iranian legal system, what effect does the issuance and endorsement of these documents have on its funds? In addition to the document, is its funds also transferred or is a special right created for the holder of the document on the funds? Iranian law is silent on this issue, this vacuum has caused ambiguity in the funds situation. Iranian law on funds has remained silent, and this has become a source of controversy in court proceedings. According to current regulations, the funds of the check and bill will not be transferred by issuance; there are many opinions about the check in judicial views that can be criticized for inconsistency and contradicting the current regulations, the current rules are also criticized for the non-protectionist approach from holder of negotiable instrument. Basically, in the current legal situation, no burden can be found for the transfer of ownership of funds or even the pre-emptive right or exclusive right of the holder. Of course, the current laws are also criticized for their non-protectionist approach. |
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| Keywords: funds, negotiable instrument, transfer fund, issuance, endorsements |
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Full-Text [PDF 859 kb]
(1519 Downloads)
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Article type: Research |
Subject:
Special
Received: 2021/02/27 | Accepted: 2021/09/1 | Published: 2021/09/1
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