Civil Liability of Banks for Sayadi Checks
The new law on issuing checks has been approved by the Islamic Council parliament on November 4, 2018 in 25 articles and 20 comments. This law includes many innovations compared to the previous laws, of which Sayadi checks are the most important. In fact, in order to avoid the problems that may have...
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Shahr-e- Danesh Research And Study Institute of Law
2024-09-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_167240_40ed6c08a3e5460d514b6adf3c7266f5.pdf |
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| _version_ | 1841544685651230720 |
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| author | Ahmad Reza Davarpanah Mehdi kazemi Moghadam Jamileh Jafari |
| author_facet | Ahmad Reza Davarpanah Mehdi kazemi Moghadam Jamileh Jafari |
| author_sort | Ahmad Reza Davarpanah |
| collection | DOAJ |
| description | The new law on issuing checks has been approved by the Islamic Council parliament on November 4, 2018 in 25 articles and 20 comments. This law includes many innovations compared to the previous laws, of which Sayadi checks 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 checks, 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 checks. The result of his research showed that banks are responsible for the loss caused by failure to perform work based on the provisions of paragraph c of Article 35 of the monetary and banking law, article 8 of the civil liability law, and Note 5, Article 5 Repeated of the Check Law. They are responsible for registering, issuing and paying Sayadi checks. That the basis of this responsibility is based on the theory of fault and in some cases it seems to be a pure theory, Venice It saemes the type of this responsibility is contractual in all cases. |
| format | Article |
| id | doaj-art-9e033e5d2de04911b4e3e53e902b0a43 |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-9e033e5d2de04911b4e3e53e902b0a432025-01-12T12:21:52ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-09-01235853956410.48300/jlr.2023.378934.2251167240Civil Liability of Banks for Sayadi ChecksAhmad Reza Davarpanah0Mehdi kazemi Moghadam1Jamileh Jafari2M.A in Private Law, Faculty of Humanities, Marvdasht Branch, Islamic Azad University, Marvdasht, Iran.Assistant Professor, Department of Private Law, Faculty of Humanities, Marvdasht Branch, Islamic Azad University, Marvdasht, Iran.Assistant Professor, Department of Law, Faculty of Humanities, Zarghan Branch, Islamic Azad University, Zarghan, Iran.The new law on issuing checks has been approved by the Islamic Council parliament on November 4, 2018 in 25 articles and 20 comments. This law includes many innovations compared to the previous laws, of which Sayadi checks 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 checks, 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 checks. The result of his research showed that banks are responsible for the loss caused by failure to perform work based on the provisions of paragraph c of Article 35 of the monetary and banking law, article 8 of the civil liability law, and Note 5, Article 5 Repeated of the Check Law. They are responsible for registering, issuing and paying Sayadi checks. That the basis of this responsibility is based on the theory of fault and in some cases it seems to be a pure theory, Venice It saemes the type of this responsibility is contractual in all cases.https://jlr.sdil.ac.ir/article_167240_40ed6c08a3e5460d514b6adf3c7266f5.pdfbankfaultcheckdamagecivil liability |
| spellingShingle | Ahmad Reza Davarpanah Mehdi kazemi Moghadam Jamileh Jafari Civil Liability of Banks for Sayadi Checks پژوهشهای حقوقی bank fault check damage civil liability |
| title | Civil Liability of Banks for Sayadi Checks |
| title_full | Civil Liability of Banks for Sayadi Checks |
| title_fullStr | Civil Liability of Banks for Sayadi Checks |
| title_full_unstemmed | Civil Liability of Banks for Sayadi Checks |
| title_short | Civil Liability of Banks for Sayadi Checks |
| title_sort | civil liability of banks for sayadi checks |
| topic | bank fault check damage civil liability |
| url | https://jlr.sdil.ac.ir/article_167240_40ed6c08a3e5460d514b6adf3c7266f5.pdf |
| work_keys_str_mv | AT ahmadrezadavarpanah civilliabilityofbanksforsayadichecks AT mehdikazemimoghadam civilliabilityofbanksforsayadichecks AT jamilehjafari civilliabilityofbanksforsayadichecks |