نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The legal requirement for draft, and the delivery of the cheque into the Sayyad system, is prescribed in Cheque Issuance Act; article 21, note 1. Regarding to cheques that not submitted in Sayyad system are not govern under Cheque Issuance Act .The situation of this non submitted cheques in compliance with holder rights related issuance and delivery is needed to review and it seems with there is legal gap resulted casue dispute in the judicial procedure. The major requirements of the cheques has been determined in Tejart Act, and the changes in the Cheque Issuance Act has caused legal disputes in this requirements; in this matter the aim of the legislator and legal phrases has a single significance as to the abrogation or not implied abrogation Commercial Act.implied abrogation is an exception because contrary to express abrogation; in this situation conflict in a single issue is attributed to the legislator,The purpose of the legislator was to supervised the cheques in circulation and increase their credits, for example the use of stolen and lost cheques were limited. On the other hand, the terms of the above regulation have only excluded the unregistered cheques from the scope of the Cheque Issuance Act, and in the sense of negating the possibility of the flow of the provisions of the Commercial Act on this cheque. In the present research, emphasizing on the judicial procedure and existing disputes, the examples related to the present discussion are analyzed analytically
کلیدواژهها English
