القيمة القانونية لصك الØائز المادي | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, Issue 1, June 2021, Pages 527-550 PDF (1.01 M) | ||
| Author | ||
| Ù….د. أندلس Øامد عبد | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The legal value of the material holder’s deed emerges in terms of abstraction in the moral obligation and the opposition that may occur between the parties to the dispute represented by the legitimate owner of the Check and the material holder of the Check, who may be in bad faith or have good faith without knowing the damage that has befallen the true owner of the Check, and since the Check is a relevant commercial paper. A legal value, so both parties to the dispute must prove the ownership of the Check, and the material holder may resort to adhering to the rule of possession in the movable title deed, and the dispute may also occur after the loss of the Check or its loss from the legitimate owner of it, and the material holder of the Check may not find an objection. Resorting to the judiciary to consider the case based on the bank’s request from the conflicting parties to decide the case and obtain the final decision. The Iraqi legislator has settled the matter regarding the prevention of opposition and has authorized the opposition in cases of loss and bankruptcy. Otherwise, a case of the original right is not heard from the court and the disbursement is not stopped because the Check is a fulfillment tool It acts as money, so the Iraqi legislator seeks to grant the commercial paper extensive guarantees to encourage dealers and ensure its circulation | ||
| Keywords | ||
| the check; the financial holder; the opposition by loyalty | ||
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