The Effect of Reformed Cheque Issuance Law on Its Legal Enforcement Guarantees
The check has played a significant role as a commercial document in facilitating monetary transactions. Therefore, establishing the most desirable rules and regulations for this document to strengthen its position in the payment system has always captured the attention of lawmakers from the outset....
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Shahr-e- Danesh Research And Study Institute of Law
2024-11-01
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| Series: | پژوهشهای حقوقی |
| Subjects: | |
| Online Access: | https://jlr.sdil.ac.ir/article_171485_7b0dc342437914a889d8491e2aff5e3f.pdf |
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| Summary: | The check has played a significant role as a commercial document in facilitating monetary transactions. Therefore, establishing the most desirable rules and regulations for this document to strengthen its position in the payment system has always captured the attention of lawmakers from the outset. Numerous regulations have been imposed on checks from the past to the present, with the latest being related to the amended law of 2018. According to the aforementioned law, numerous developments have occurred regarding various issues related to checks, with one of the most significant being the changes introduced in the field of legal enforcement guarantees of checks. Some of these changes are aimed at amending past regulations and making modifications to them, while others stem from legislative innovations in the said law. One of the innovations of lawmakers in this area includes the enforcement of cheque payments through judicial execution without judicial review, as well as the establishment of enforcement guarantees related to the banking system. In general, the establishment of such enforcement guarantees with a non-penal approach and the creation of deprivations of banking services for dishonored cheque issuers themselves indicates a shift in the legislator's approach from repressive policies to replacing a legal and banking approach for the recovery of bounced cheques. |
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| ISSN: | 1682-9220 2717-0020 |