نیک فرجام, کمال
دانشگاه علوم قضائی و خدمات اداری
[ 1 ] - مطالعه تطبیقی نمایندگی در امضای اسناد تجاری (برات، سفته و چک)
According to the Article 227 of Commerce Law and Article 19 drawing cheque in respective with appointing a representation for issuance of draft and cheque, the following questions have always been present: a) whether this representation exists only at the time of signing a document or it will be present at other stages such as endorsement and assurance, too? b) Whether the responsibility of s...
[ 2 ] - رهن و وثیقه اسناد براتی در حقوق ایران و انگلیس
Commercial instruments, in particular meaning, or bills are one of the most important means for business parties to enter into transactions. Such instruments are considered as a certain form of property with a great variety of uses. For example, they can be used as a means to pay or to use as a guarantee or security. But a question has always been posed:” whether such instruments can be used ...
[ 3 ] - Investigating the distinction of commercial endorsement deadlines with civil commercial documents Iranian law and Geneva and UNCITRAL conventions
One of the common ways of transfer of commercial documents, ownership (bill of exchange, promissory notes and cheque) is endorsement. If the endorsement is subject to Commercial Code, it is considered a commercial endorsement. And if it is out of the scope of this Code, it should be regarded a normal and on the basis of request (claim) transfer. The question that arise here are “how long are th...
[ 4 ] - Payment of part of the amount of the commercial document in Iranian law and international conventions
The general legal rule in fulfilling the obligation is to fulfill the whole subject of the obligation in due time. According to Article 277 of the civil code {the obligor can not force the obligee to accept part of the subject of the promise…}. Now the question is whether this rule also applies in payment of bill of exchange،promissory note and check or not? and are the same provisions of Iran’...
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