نوع مقاله : مقاله پژوهشی
نویسنده
استادیار و عضو هیات علمی دانشگاه ؛گروه حقوق؛واحد هشتگرد ؛دانشگاه آزاد اسلامی ؛ هشتگرد ؛ ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Commercial documents (promissory note, promissory note, and check) are means of obtaining credit and payment, and due to their role, they are of special importance in the field of economy. The legislator is also trying to increase the validity of the document regulations. On the other hand, these documents are widely used by businessmen, and since businessmen are always subject to the issuance of a bankruptcy order, which imposes many effects on them, what effect will bankruptcy have on the return of business documents? What is the position of American law in a similar situation? Although the legislator could have provided more protection to commercial documents by accepting the theory of place transfer. In some cases (Article 422 of Q.T.) the legislator acted wrongly in protecting commercial documents; Because it has imposed the burden of crediting documents on people who are not bankrupt. In American law, although the legislator has paid attention to the credit of commercial documents, but the main goal of the American legislator in bankruptcy regulations is to protect the bankrupt person.
Circulation of commercial documents before issuing a verdict is possible due to the control of bankrupt transactions according to Articles 423, 424 of the Criminal Code. And... to be affected to some extent, but after issuing the bankruptcy order (Article 418 of the Civil Code), we came to the conclusion that the issuance, acceptance and guarantee of the commercial document is correct, and we see a similar situation in American law.
کلیدواژهها [English]
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