Volume 27, Issue 97 (spring 2022)
__Judicial Law Views __2012__, 27(__59__): __22415 |
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nikfarjam K. Payment of part of the amount of the commercial document in Iranian law and international conventions. دیدگاههای حقوقی 2022; 27 (97) :1-15
URL: http://jlviews2.ujsas.ac.ir/article-1-2058-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2058-en.html
, nikfarjam.kamal@gmail.com
Abstract: (684 Views)
The general legal rule in fulfilling the obligation is to fulfill the whole subject of the obligation in due time. According to Article 277 of the civil code {the obligor can not force the obligee to accept part of the subject of the promise…}. Now the question is whether this rule also applies in payment of bill of exchange, promissory note and check or not? and are the same provisions of Iran’s trade law in line with international convention? These and other related questions are the problems that in this article are investigated.
The results indicate that the payment of a part of the amount of bill and promissory note is accepted in the Iranian commercial code, while in the Geneva conventions, in addition to accepting this issue the check is also subject to the same provision. However this provision has not been accepted in Iranian check issuance law as well as in the UNCITRAL conventions on international bills and promissory notes.
On the other hand it most be acknowledged that the possibility of partial payment is allowed for all other officials of the document after the due date.
The results indicate that the payment of a part of the amount of bill and promissory note is accepted in the Iranian commercial code, while in the Geneva conventions, in addition to accepting this issue the check is also subject to the same provision. However this provision has not been accepted in Iranian check issuance law as well as in the UNCITRAL conventions on international bills and promissory notes.
On the other hand it most be acknowledged that the possibility of partial payment is allowed for all other officials of the document after the due date.
Keywords: bills, promissory note and check, payment of part of the amount, Iranian trade laws, Geneva and UNCITRAL of conventions.
Type of Study: Critical & Analisis |
Subject:
Pivate Law
Received: 2021/07/13 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
Received: 2021/07/13 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
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