Document Type : Original Article
Authors
1
Master's degree in private law, Islamic Azad University, Marvdasht branch (Corresponding author)
2
Department of Private Law, Marvdasht Branch, Islamic Azad University, Marvdasht, Iran.
3
Assistant Professor, Department of Law, Zarghan Branch, Islamic Azad University, Zarghan, Iran
10.48300/jlr.2023.378934.2251
Abstract
The new law on issuing checks has been approved by the Islamic Council parliament onNovember4,2018in25articles and20comments.This law includes many innovations compared to the previous laws, of which sayadi check's are the most important. In fact,in order to avoid the problems that may have arisen for check issuers and holders in the past,the legislator has replaced these types of checks with the old ones,and for its implementation, he has defined tasks for the banks in Three the registration of issuance and the payment of checks,white the investigations,we realized that despite the fact that the above-mentioned law has doubled the duties of the banks in relation to the cheques,it has not been successful in terms of their civil liability,and it is limited to specific cases in the check issuance law. Therefore, in order to further study the relationship with the civil liability of banks in the new check issuance law and in special laws, the civil liability of banks has been investigated in relation to sayadi check's.The result of his research showed that banks are responsible for loss caused by failure to perform work based on the provisions of paragraph c of article35of the monetary and banking law, article8of the civil liability law, and Note5,Article5Repeated of the Check Law.They are responsible for registering,issuing and paying sayadi check's.that The basis of this responsibility is based on theorie of fault and in some cases it seems to be a pure theory, Venice It saemed the type of this responsibility is contractual in all cases
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