The effect of representation theory on the issuance of a commercial documents on determination the Check date and its requirements In accordance with the Geneva Conventions of 1931 A.D.

Document Type : Research Article

Authors

1 Assistant Professor, Private Law Department, Faculty of Law, University of Shahid Beheshti, Tehran, Iran

2 PhD Student in Private Law, Faculty of Law, University of Qom, Qom, Iran

Abstract

In ‌ Geneva Conventions 1930 and 1931, on bill of exchange, Promissory note and check, issuing and completing content of commercial documents by agency has been accepted. So that the client submits an incomplete document and the agent complete and issue it. So the document has not been issued unless the agent completes the content of document.
Nevertheless, in Iran law, has been referred to issuing bill of exchange, Under Article 227 of the commerce code, and the domestic legislator's view about such an agency, regarding the check is ambiguous. Facilitating the Explaining Legal effects is an important effect of accepting this kind of agency as regards the check without date and the check with Prior and late date.
This article study the theory of agency in issuing and completing content of the check and Defends from this theory in Iran law. Contrary to prevailing opinion as regards the issue date about the checks without date and the checks with prior and late date that consider the Post Date as an Issue date and in the case of agency, the Post Date consider as a delivery date to the agent. On the other side, the document is issued when the agent‌ complete the incomplete document. In addition this article examines the effects of Acceptance and Rejection about this theory.

Keywords

The Journal of Islamic Law Research
Volume 20, Issue 2 - Serial Number 50
February 2020
Pages 551-578

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History

  • Receive Date: 27 September 2019
  • Revise Date: 10 January 2020
  • Accept Date: 14 February 2020

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