Jurisprudential and Legal Approach of intent in Trade documents (drafts, promissory notes, and checks)
Commercial papers (checks, drafts, and promissory notes) are issued at person’s will. It is possible for them to be endorsed, guaranteed and accepted by others, resulting from their intent to accept legal obligations. This action may be done by representatives. Despite the jurisprudential principles of Islamic law, no research has been conducted in this field to analyze and approach these principles. Therefore, the scientific conclusions in the compilation are purely form-based, and the same can be found in the rules and regulations relating to these documents. Looking at these four legal practices from this angle will provide a new approach based on jurisprudence and give this section of the trade law rules a solid basis. On the other hand, many of the existing gaps will also be rationally and fundamentally resolved by these principles. Special features and rules governing them may sometimes limit the scope of general rules of contracts over them. The possibility of successive transfer of these documents and the principle of speed in the business requires the protection of the owner in good faith in order to rely on these documents which has been analyzed in various ways.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.