The problem of electronic trading of commercial papers endorsement of the magnetic bill of lading as a model | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 6, Volume 13, Issue : 2 part 1, September 2023, Pages 147-175 PDF (865.86 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142093.1042 | ||
| Authors | ||
| Sivar khalid omar* ; FARHAD SEAID SAADI | ||
| Duhok University College of Law | ||
| Abstract | ||
| The research deals with the study of electronic bill trading, indicating the provisions related to each of the paper bill associated with disclosure and the magnetic electronic bill in light of the new electronic environment for its circulation and dealing with it and the legal problems it faces related to the role of the banking intermediary in the process of private trading between banks without individuals, taking into account the origin of endorsement because it is used for simplicity and increase guarantees and away from delay and complexity, which seems to be the banking intervention and the nature of the electronic bill, especially the magnetic one, because it does not respond to the requirements The formality of endorsement strips endorsement from ensuring its purification from defenses and complicates the trading order more than it simplifies and speeds it up. The emergence of the electronic bill and its endorsement resulted in several formalities, including the problem of control, possession of the electronic paper and handling it manually, and other problems related to trading through endorsement, and the extent to which the rule of endorsement can be applied purifies from defenses and defects. | ||
| Keywords | ||
| trade; ،papers; ،bills; ؛; ،electronic | ||
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