Journal of Legal Research

Journal of Legal Research

The Effect of Reformed Cheque Issuance Law on Its Legal Enforcement Guarantees

Document Type : Original Article

Authors
Ebrahim Abdipour fard 1
Reihaneh sadat Tabatabaei nejad 2
Fatemeh Bazoukar 3
1 Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran.
2 M.A in Private Law, Faculty of Law, University of Qom, Qom, Iran.
3 PhD Student in Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
10.48300/jlr.2023.377361.2285
Abstract
The check has played a significant role as a commercial document in facilitating monetary transactions. Therefore, establishing the most desirable rules and regulations for this document to strengthen its position in the payment system has always captured the attention of lawmakers from the outset. Numerous regulations have been imposed on checks from the past to the present, with the latest being related to the amended law of 2018. According to the aforementioned law, numerous developments have occurred regarding various issues related to checks, with one of the most significant being the changes introduced in the field of legal enforcement guarantees of checks. Some of these changes are aimed at amending past regulations and making modifications to them, while others stem from legislative innovations in the said law. One of the innovations of lawmakers in this area includes the enforcement of cheque payments through judicial execution without judicial review, as well as the establishment of enforcement guarantees related to the banking system. In general, the establishment of such enforcement guarantees with a non-penal approach and the creation of deprivations of banking services for dishonored cheque issuers themselves indicates a shift in the legislator's approach from repressive policies to replacing a legal and banking approach for the recovery of bounced cheques.
Keywords
Issuance Cheque Act
Enforcement Guarantee
Uncovered Cheque
Direct Enforcement
Banking System
  • Books and journals:

1) Abdipour Fard, Ebrahim. “commercial law volume 3 commercial papers”. Tehran: Majd, 1395. (in Persian)

  • Elsan, Mostafa. “The law of bank payment”. 1ed edition, Tehran: Monetary and banking research institute central bank of The Islamic Republic Of Iran, 1390. (in Persian)
  • Eskini, Rabia. “commercial law (bill of exchange, promissory note, warrant, bearer bonds and cheque)”. 30ed edition. Tehran: Samt, 1400. (in persian)
  • Eskini, Rabia. “The innovations in the Reformed Act Of Check 1397; A step back or a step forward?”. Journal of Lgal Research 20 (1400): 7-28. (in persian)
  • Fotuhirad, Ali. “Cheqque’s holder rights and the innovations of Reformation Of Issuance Cheque Act”. Vakilmodafe 9 (1398): 68-88. (in persian)
  • Jalali, Seyyed Hamidreza. “Developments in the Guarantee Of Execution Expected in the corrective Amendment Act of the checking 1307”. Thesis of M.A degree, Tehran: Allameh Tabatabaei University, 1398. (in persian)
  • Sdighifar, Mina. “Criminal and civil sanction in Issuance Cheque Act”. Taali hoghoogh 10 (1390): 79-90. (in persian)
  • Shams, Abdollah. “Procedure civil advanced volume 3”. Tehran: Derak, 1391. (in persian)
  • Sotoode Tehrani, Hasan. “commercial law volume 3”. 11ed edition. Tehran: Dadgostar publication, 1386. (in persian)
  • Mousavian, Seyyed Abbas. “Assessment of agreements and method of granting facilities in non-usury banking”. Eghtesad Eslami 19 (1384): 45-70. (in persian)

2) Websites:

11) “Central bank of the Islamic Republic Of Iran”, date of access 1400/08/30, http://cbi.ir/showitem/21624.aspx. (in persian)

12) “Judiciary legal department”, date of access 1400/08/29, https://edarehoquqy.eadl.ir/%D9%85%D8%AC%D9%85%D9%88%D8%B9%D9%87-%D9%86%D8%B8%D8%B1%DB%8C%D8%A7%D8%AA/articleType/ArticleView/articleId/2259.(in persian)

13) “Official newspaper of the Islamic Republic Of Iran”, date of access 1400/08/30, www.rrk.ir/Laws/ShowLaw.aspx?Code=23552. (in persian)

Journal of Legal Research
Volume 23, Issue 59
Autumn 2024
Pages 179-206