The Civil Nature of Drawing the Regular Cheque (Check) in the Law of Iran

The regular cheque (check) is the most common usefulness of cheque types specially when it is made out payable (drawn) in favour of a payee. There is disagreement between law scholars about the nature of this type of cheque. Some believe (have counted) that it is as alternation of debt or obligation (novation) and some others think it is the transfer of ownership and a draft (bill of exchange) and some others think it is the cession (transfer) of claims. Cheques are included all situations of those contracts in all three attitudes (views); such as the liability or obligation of debtor is acquainted or released (from) to the base liability or obligation and owing (indebtaed) due to the new obligation originated from the cheque. This research is going to study and analyze these three main views. This note with regarding the disappointment of many of the law scholars to the prior natures, cheques are considered as an independent contract (agreement) that the legislature has stated its specific conditions. Based on this, cheques are a contract with the name of payee, formal, liable, accessory and in some cases are conditional which if this obligation is breached or violated by the drawers, it is possible to be put forward the contractual obligations and annulment of the contract by the payee.