Document Type : Original Article
Authors
1 M.A. Student of Islamic Studies and Private Law (Economic Law), Imam Sadiq University, Tehran, Iran.
2 Ph.D. in Private Law, Director of Institute of Banking Law, Imam Sadiq University, Tehran, Iran
Abstract
The extensive use of cheques and the necessity of overseeing the entire process from issuance to collection have drawn particular attention from lawmakers regarding this commercial instrument. The purpose of the Cheque Issuance Law is to prevent the issuance of dishonored cheques and to move toward fully electronic documentation. Consequently, the Sayyad system was established, making cheque registration obligatory within it. However, due to the lack of cultural awareness and the traditional mindset of many users regarding this commercial document, a new problem emerged: the non-registration of cheques in the system. The primary question raised is the “legal essence of an unregistered cheque in terms of being a civil or commercial document.” The answer to the previous question impacts the rights of the cheque holder, leading to another question: “The possibility of filing a lawsuit to require the registration of a cheque?” In this research, adopting a descriptive-analytical approach, studied library resources and relevant laws and by collecting legal experts’ opinions and arguing based on legal texts, arrived at clear answers to the aforementioned questions. The final conclusion, after presenting detailed evidence from both sides of the dissension, rejects the arguments of those who consider this unregistered document as commercial. By proving its civil essence, the claim that it is possible to file a lawsuit to require the registration of a cheque will also be dismissed. Therefore, efforts should be made to promote public awareness of cheque registration and encourage trust in CBI systems.
Keywords
Books
- Eskini, Rabia. Commercial Law (Bill of Exchange, Promissory Note, Warrant, Bearer Bonds and Check), Tehran: SAMT Publications, 2018. (in Persian)
- Tavakoli, Mohammad Mahdi. The System of Checks, Tehran: Maktoob Akhar, 2023. (in Persian)
- Khazaei, Hossein. Laws of Commerce (Commercial documents), Tehran: Nashr-e Qanun, 2006. (in Persian)
- Damerchili, Mohammad, Ali Hatami and Mohsen Gharai. Commercial Law in the Current Legal Order, Tehran: Khalij-e Fars Publications, 2001. (in Persian)
- Salarian, Mohammad Amin and Sadegh Abdi. Domestic and International Commercial Documents, Tehran: Mehr Kalam, 2021. (in Persian)
- Sotoudeh Tehrani, Hassan, Commercial Law, Tehran: Dadgostar Publishing, 1996. (in Persian)
- Shahidi, Mahdi. Formation of Contracts and Obligations, Tehran: Majd Publications, 2019. (in Persian)
- Erfani, Mahmoud. Comparative Commercial Law, 6. Tehran: Jangal Publications, 2009. (in Persian)
- Katouzian, Nasser. Preliminary Course on Civil Law: Legal Acts (Contracts and Unilateral Declarations of Will), Tehran: Sherkat-e Sahami Enteshar, 2005. (in Persian)
- Moradi, Yaser, and Mohammad Nouri. Checks (Practical Points; from Issuance to Payment), Tehran: Andishe Arshad Publications, 2022. (in Persian)
Articles
- Karimi-Manesh, Zeinab and Ali Ghazi. “The Legal Nature of Non-Registered Checks in the Sayyad System,” 15th International Conference on Law and Judicial Sciences, 2023. (in Persian)
- Yavarpour, Mohammad. “Investigating the Legal Consequences of Non-Registered Sayyadi Checks,” 8th International Conference on Jurisprudence, Law, Psychology, and Educational Sciences in Iran and the Islamic World, 2024. (in Persian)
Laws
- Amended Law on Check Issuance, 2018 and Subsequent Amendments. (in Persian)
- The Seventh Five-Year Development Plan of the Islamic Republic of Iran, 2024. (in Persian)
- Commercial Code, 1932. (in Persian)
- Check Issuance Law, 1976. (in Persian)
- General Penal Code, 1925. (in Persian)
- Civil Code, 1928. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1952. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1958. (in Persian
Books
- Eskini, Rabia. Commercial Law (Bill of Exchange, Promissory Note, Warrant, Bearer Bonds and Check), Tehran: SAMT Publications, 2018. (in Persian)
- Tavakoli, Mohammad Mahdi. The System of Checks, Tehran: Maktoob Akhar, 2023. (in Persian)
- Khazaei, Hossein. Laws of Commerce (Commercial documents), Tehran: Nashr-e Qanun, 2006. (in Persian)
- Damerchili, Mohammad, Ali Hatami and Mohsen Gharai. Commercial Law in the Current Legal Order, Tehran: Khalij-e Fars Publications, 2001. (in Persian)
- Salarian, Mohammad Amin and Sadegh Abdi. Domestic and International Commercial Documents, Tehran: Mehr Kalam, 2021. (in Persian)
- Sotoudeh Tehrani, Hassan, Commercial Law, Tehran: Dadgostar Publishing, 1996. (in Persian)
- Shahidi, Mahdi. Formation of Contracts and Obligations, Tehran: Majd Publications, 2019. (in Persian)
- Erfani, Mahmoud. Comparative Commercial Law, 6. Tehran: Jangal Publications, 2009. (in Persian)
- Katouzian, Nasser. Preliminary Course on Civil Law: Legal Acts (Contracts and Unilateral Declarations of Will), Tehran: Sherkat-e Sahami Enteshar, 2005. (in Persian)
- Moradi, Yaser, and Mohammad Nouri. Checks (Practical Points; from Issuance to Payment), Tehran: Andishe Arshad Publications, 2022. (in Persian)
Articles
- Karimi-Manesh, Zeinab and Ali Ghazi. “The Legal Nature of Non-Registered Checks in the Sayyad System,” 15th International Conference on Law and Judicial Sciences, 2023. (in Persian)
- Yavarpour, Mohammad. “Investigating the Legal Consequences of Non-Registered Sayyadi Checks,” 8th International Conference on Jurisprudence, Law, Psychology, and Educational Sciences in Iran and the Islamic World, 2024. (in Persian)
Laws
- Amended Law on Check Issuance, 2018 and Subsequent Amendments. (in Persian)
- The Seventh Five-Year Development Plan of the Islamic Republic of Iran, 2024. (in Persian)
- Commercial Code, 1932. (in Persian)
- Check Issuance Law, 1976. (in Persian)
- General Penal Code, 1925. (in Persian)
- Civil Code, 1928. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1952. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1958. (in Persian
Books
- Eskini, Rabia. Commercial Law (Bill of Exchange, Promissory Note, Warrant, Bearer Bonds and Check), Tehran: SAMT Publications, 2018. (in Persian)
- Tavakoli, Mohammad Mahdi. The System of Checks, Tehran: Maktoob Akhar, 2023. (in Persian)
- Khazaei, Hossein. Laws of Commerce (Commercial documents), Tehran: Nashr-e Qanun, 2006. (in Persian)
- Damerchili, Mohammad, Ali Hatami and Mohsen Gharai. Commercial Law in the Current Legal Order, Tehran: Khalij-e Fars Publications, 2001. (in Persian)
- Salarian, Mohammad Amin and Sadegh Abdi. Domestic and International Commercial Documents, Tehran: Mehr Kalam, 2021. (in Persian)
- Sotoudeh Tehrani, Hassan, Commercial Law, Tehran: Dadgostar Publishing, 1996. (in Persian)
- Shahidi, Mahdi. Formation of Contracts and Obligations, Tehran: Majd Publications, 2019. (in Persian)
- Erfani, Mahmoud. Comparative Commercial Law, 6. Tehran: Jangal Publications, 2009. (in Persian)
- Katouzian, Nasser. Preliminary Course on Civil Law: Legal Acts (Contracts and Unilateral Declarations of Will), Tehran: Sherkat-e Sahami Enteshar, 2005. (in Persian)
- Moradi, Yaser, and Mohammad Nouri. Checks (Practical Points; from Issuance to Payment), Tehran: Andishe Arshad Publications, 2022. (in Persian)
Articles
- Karimi-Manesh, Zeinab and Ali Ghazi. “The Legal Nature of Non-Registered Checks in the Sayyad System,” 15th International Conference on Law and Judicial Sciences, 2023. (in Persian)
- Yavarpour, Mohammad. “Investigating the Legal Consequences of Non-Registered Sayyadi Checks,” 8th International Conference on Jurisprudence, Law, Psychology, and Educational Sciences in Iran and the Islamic World, 2024. (in Persian)
Laws
- Amended Law on Check Issuance, 2018 and Subsequent Amendments. (in Persian)
- The Seventh Five-Year Development Plan of the Islamic Republic of Iran, 2024. (in Persian)
- Commercial Code, 1932. (in Persian)
- Check Issuance Law, 1976. (in Persian)
- General Penal Code, 1925. (in Persian)
- Civil Code, 1928. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1952. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1958. (in Persian
Books
- Eskini, Rabia. Commercial Law (Bill of Exchange, Promissory Note, Warrant, Bearer Bonds and Check), Tehran: SAMT Publications, 2018. (in Persian)
- Tavakoli, Mohammad Mahdi. The System of Checks, Tehran: Maktoob Akhar, 2023. (in Persian)
- Khazaei, Hossein. Laws of Commerce (Commercial documents), Tehran: Nashr-e Qanun, 2006. (in Persian)
- Damerchili, Mohammad, Ali Hatami and Mohsen Gharai. Commercial Law in the Current Legal Order, Tehran: Khalij-e Fars Publications, 2001. (in Persian)
- Salarian, Mohammad Amin and Sadegh Abdi. Domestic and International Commercial Documents, Tehran: Mehr Kalam, 2021. (in Persian)
- Sotoudeh Tehrani, Hassan, Commercial Law, Tehran: Dadgostar Publishing, 1996. (in Persian)
- Shahidi, Mahdi. Formation of Contracts and Obligations, Tehran: Majd Publications, 2019. (in Persian)
- Erfani, Mahmoud. Comparative Commercial Law, 6. Tehran: Jangal Publications, 2009. (in Persian)
- Katouzian, Nasser. Preliminary Course on Civil Law: Legal Acts (Contracts and Unilateral Declarations of Will), Tehran: Sherkat-e Sahami Enteshar, 2005. (in Persian)
- Moradi, Yaser, and Mohammad Nouri. Checks (Practical Points; from Issuance to Payment), Tehran: Andishe Arshad Publications, 2022. (in Persian)
Articles
- Karimi-Manesh, Zeinab and Ali Ghazi. “The Legal Nature of Non-Registered Checks in the Sayyad System,” 15th International Conference on Law and Judicial Sciences, 2023. (in Persian)
- Yavarpour, Mohammad. “Investigating the Legal Consequences of Non-Registered Sayyadi Checks,” 8th International Conference on Jurisprudence, Law, Psychology, and Educational Sciences in Iran and the Islamic World, 2024. (in Persian)
Laws
- Amended Law on Check Issuance, 2018 and Subsequent Amendments. (in Persian)
- The Seventh Five-Year Development Plan of the Islamic Republic of Iran, 2024. (in Persian)
- Commercial Code, 1932. (in Persian)
- Check Issuance Law, 1976. (in Persian)
- General Penal Code, 1925. (in Persian)
- Civil Code, 1928. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1952. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1958. (in Persian
Books
- Eskini, Rabia. Commercial Law (Bill of Exchange, Promissory Note, Warrant, Bearer Bonds and Check), Tehran: SAMT Publications, 2018. (in Persian)
- Tavakoli, Mohammad Mahdi. The System of Checks, Tehran: Maktoob Akhar, 2023. (in Persian)
- Khazaei, Hossein. Laws of Commerce (Commercial documents), Tehran: Nashr-e Qanun, 2006. (in Persian)
- Damerchili, Mohammad, Ali Hatami and Mohsen Gharai. Commercial Law in the Current Legal Order, Tehran: Khalij-e Fars Publications, 2001. (in Persian)
- Salarian, Mohammad Amin and Sadegh Abdi. Domestic and International Commercial Documents, Tehran: Mehr Kalam, 2021. (in Persian)
- Sotoudeh Tehrani, Hassan, Commercial Law, Tehran: Dadgostar Publishing, 1996. (in Persian)
- Shahidi, Mahdi. Formation of Contracts and Obligations, Tehran: Majd Publications, 2019. (in Persian)
- Erfani, Mahmoud. Comparative Commercial Law, 6. Tehran: Jangal Publications, 2009. (in Persian)
- Katouzian, Nasser. Preliminary Course on Civil Law: Legal Acts (Contracts and Unilateral Declarations of Will), Tehran: Sherkat-e Sahami Enteshar, 2005. (in Persian)
- Moradi, Yaser, and Mohammad Nouri. Checks (Practical Points; from Issuance to Payment), Tehran: Andishe Arshad Publications, 2022. (in Persian)
Articles
- Karimi-Manesh, Zeinab and Ali Ghazi. “The Legal Nature of Non-Registered Checks in the Sayyad System,” 15th International Conference on Law and Judicial Sciences, 2023. (in Persian)
- Yavarpour, Mohammad. “Investigating the Legal Consequences of Non-Registered Sayyadi Checks,” 8th International Conference on Jurisprudence, Law, Psychology, and Educational Sciences in Iran and the Islamic World, 2024. (in Persian)
Laws
- Amended Law on Check Issuance, 2018 and Subsequent Amendments. (in Persian)
- The Seventh Five-Year Development Plan of the Islamic Republic of Iran, 2024. (in Persian)
- Commercial Code, 1932. (in Persian)
- Check Issuance Law, 1976. (in Persian)
- General Penal Code, 1925. (in Persian)
- Civil Code, 1928. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1952. (in Persian)
- Legal Bill on Unsufficient Fund Check, 1958. (in Persian
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