REFLECTION OF THE CAMBIAL RIGHTS AND OBLIGATIONS IN THE NEGOTIABLE INSTRUMENTS ITSELF IN THE PROCESS OF ISSUANCE AND CIRCULATION

"Speed" and "security" are two basic requirements in commercial relationships. In this regard, respecting the legitimate confidence is one of the most important of these necessities. In the scope of negotiable instruments, protection of the holder in good faith requires that the appearance of document should be taken into consideration. Accordingly, the rights and obligations related to the negotiable instruments should be assessed on the basis of the guise of the document. This principle known as “the principle of reflection the cambial rights and obligations in the negotiable instruments itself” is not expressly mentioned in the legal contexts of Iran. This study by a comparative study on international documents and French law in one hand and using the achievements of these legal systems on the other by analyzing different examples of this principle in the legal contexts of Iran, achieve an extractive principle with inductive method.