Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International Instruments
One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issua...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2023-03-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_16164_dc2a62abda60535220abd1ec76d83cf9.pdf |
| _version_ | 1797375777877000192 |
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| author | Ebrahim Shoarian Sattari Mehrdad Etemad Gharamaleki |
| author_facet | Ebrahim Shoarian Sattari Mehrdad Etemad Gharamaleki |
| author_sort | Ebrahim Shoarian Sattari |
| collection | DOAJ |
| description | One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance is dishonored. In fact, the question is whether the issuance and delivery of such instruments convert a civil law obligation into an obligation arising from the issuance of negotiable instruments or whether it is possible to rely upon the original obligation with all its guarantees and consequences. The statutes are silent on the matter. Scholars and jurisprudence are divided. This article comparatively examines various legal systems and international instruments like UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and by relying on the general principles enshrined in Article 3 of the Code of Civil Procedure, concludes that the better approach is the one that subscribes to the survival of the original obligations. It is hoped that this comparative study can set a model for our future legislative initiatives. |
| first_indexed | 2024-03-08T19:29:08Z |
| format | Article |
| id | doaj.art-0c7dcb9a42474281a5cf4ce90d2d7a78 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:08Z |
| publishDate | 2023-03-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-0c7dcb9a42474281a5cf4ce90d2d7a782023-12-26T07:49:55ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322023-03-01114214517310.22054/jplr.2023.69446.270616164Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International InstrumentsEbrahim Shoarian Sattari0Mehrdad Etemad Gharamaleki1Professer, Department of Private Law, Faculty of Law and Social Science, University of Tabriz, IranResearch Assistant in Private Law, Department of Law, Faculty of Law and Social Science, University of Tabriz, IranOne of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance is dishonored. In fact, the question is whether the issuance and delivery of such instruments convert a civil law obligation into an obligation arising from the issuance of negotiable instruments or whether it is possible to rely upon the original obligation with all its guarantees and consequences. The statutes are silent on the matter. Scholars and jurisprudence are divided. This article comparatively examines various legal systems and international instruments like UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and by relying on the general principles enshrined in Article 3 of the Code of Civil Procedure, concludes that the better approach is the one that subscribes to the survival of the original obligations. It is hoped that this comparative study can set a model for our future legislative initiatives.https://jplr.atu.ac.ir/article_16164_dc2a62abda60535220abd1ec76d83cf9.pdfchequecontractual obligationguaranteeslegal principlesnovationunidroit principles |
| spellingShingle | Ebrahim Shoarian Sattari Mehrdad Etemad Gharamaleki Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International Instruments Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī cheque contractual obligation guarantees legal principles novation unidroit principles |
| title | Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International Instruments |
| title_full | Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International Instruments |
| title_fullStr | Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International Instruments |
| title_full_unstemmed | Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International Instruments |
| title_short | Performing Contractual Monetary Obligations through Delivery of Negotiable Instruments and its Implications: The Approach of Iranian Law, Some National Systems and International Instruments |
| title_sort | performing contractual monetary obligations through delivery of negotiable instruments and its implications the approach of iranian law some national systems and international instruments |
| topic | cheque contractual obligation guarantees legal principles novation unidroit principles |
| url | https://jplr.atu.ac.ir/article_16164_dc2a62abda60535220abd1ec76d83cf9.pdf |
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