نوع مقاله : علمی- پژوهشی
1 استادیار، گروه حقوق خصوصی و اقتصادی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطائی، تهران، ایران.
2 کارشناسی ارشد حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبائی، د تهران، ایران.
عنوان مقاله [English]
Among the legislative measures in the law amending the issuance of checks in 1997, is the creation of a new method, in addition to guaranteeing previous performances, to receive the amount of returned checks; However, the holder of the check applies for enforcement by presenting a certificate of non-payment to the competent court, and the court, without substantive consideration and merely fulfilling some apparent conditions, this document, like other final court rulings previously Has been judged and judged and at least two stages have been considered, issues an executive order. Although the necessity of creating this special solution, in addition to guaranteeing other performances, is questionable, but benefiting from this new privilege, has several drawbacks such as: inaccurate determination of executive authority, ambiguity in the concept of "holder", lack of compliance certificate The signature by the bank is the possibility of bringing the executor against without substantive proceedings, the impossibility of claiming compensation for delay in payment even if a legal condition is included in the check and a summary such as the "check amount deficit" clause, which is exceptional and may not be interpreted. Extensive has caused ambiguities in the adoption of this new strategy. In this article, in addition to the legal analysis of the mentioned article and the review of the elements of executive issuance, an attempt has been made to give a clear answer to the various ambiguities.