نوع مقاله : مقاله علمی - پژوهشی
نویسندگان
1 دانشیار گروه حقوق دانشگاه اصفهان
2 کارشناس ارشد حقوق دانشگاه اصفهان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
As a commercial instrument, bank check has an important role in the life of international economy. Therefore, along with unification of international regulations for bill of exchange and promissory note, the idea of applying uniform regulations to the check was gradually improved led to the approval of three Genève conventions in March 1931. The said conventions were accepted by most countries including France, Germany, Austria, Denmark, Brazil, Belgium, Italy, Japan, Switzerland and Sweden. However, Iran has not joined any of the said conventions and- contrary to many other countries' legal systems, international conventions and instruments- has considered a penal sanction for it in order to protect the bearer's rights. However, the legislature has made some reforms and revisions in regulations on bank check to a high extent under international influences which are easily recognized within legal provisions dominating bank checks. Even there are some principles – e.g., the principle of objections uninvokability- which are explicitly not mentioned in the law but are accepted by the juridical doctrine and procedure. Indeed, principles of globalization and legal uniformity have both led the legislature towards unification of many laws in both sectors of transactions and trade, directing them towards a uniform system. Because Iran's legal system is –somewhat- following the international regulations, the check-related laws are gradually moving towards uniformity with these regulations. Elimination of penal sanctions on bank checks will play a significant role in the evolution of Iranian law.
کلیدواژهها [English]
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