نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In Iranian law, multiple statutes govern commercial documents. The Commercial Code of 1311 addresses bills of exchange, promissory notes, and checks. The Check Issuance Law of 1397 and the Draft Commercial Code of 1403 also contain relevant provisions. All these laws address the endorsement of documents for representation in receive. Additionally, the Civil Code, under the section on specified contracts, outlines provisions governing representation contracts. A central question arises: is representation in the receive of commercial documents governed by specific regulations, or do the general rules of representation under the Civil Code apply? The multiplicity of laws—some still in force despite newer legislation—leads to differing interpretations.
The enactment of various laws and the existence of multiple regulations in this field prompted an examination of the endorsement for representation in receive under Iranian commercial law. Furthermore, through a comparative lens, potential differences or similarities between these provisions and the rules outlined in the Geneva Convention of June 7, 1930, on Bills of Exchange and Promissory Notes, and the Geneva Convention of March 19, 1931, on Checks, were analyzed. This comparison reveals a clear difference between the provisions of the Commercial Code and the Check Issuance Law and the rules set forth in the aforementioned Conventions. However, the provisions regarding endorsement representation in receive, as stipulated in the new Draft Commercial Code, are inspired by the Geneva Conventions—although in certain instances, the Iranian legislator has adopted more progressive measures. This article uses a descriptive-analytical methodology, utilizing library resources and international instruments.
کلیدواژهها English
