(To obtain master's degree)
Economics and Administrative Sciences
Winter 1391
Abstract:
The subject of this thesis is the deadline in commercial documents, in which it is tried to deal with the effect of history in the issuance and continuation and collapse of a commercial document, and the importance of time during its lifetime, and to examine deadlines and the passage of time of special laws of commercial law and international laws. This thesis, after giving a general statement about the definition, types and characteristics of the commercial document in the first part, the existence of history in the issuance and emergence of three important commercial documents, bill of exchange, promissory note, check, in the first chapter of the second part And it examines its role in endorsing, acceptance, and guarantee in the life of commercial documents in the second chapter, as well as the downfall of the document in the third chapter, and finally came to the conclusion that with the possibility of tolerance of people and even merchants, in this regard, the document may be deprived of some commercial rights and the holder may be deprived of the right to refer to some officials of the document, or his filing a lawsuit may cause problems and undermine the validity of the document. Endorsement, check, impossibility, passage of time.
Defining and stating the problem
In this thesis, the importance and role of time in the issuance and continuation and collapse of obligations in commercial documents and its effect on the rights and duties of the holders of the documents and the type of their responsibility. is examined. Its questions are:
Is the presence or absence of time effective in the nature of the commercial document?
What effect does time have on the rights and duties of the holders of commercial documents and the continuation of the obligations or the expiration of the obligations of the obligees of the commercial document?
Does the end of time mean the death of the commercial document or does it lead to the complete destruction of religion?
2- Previous scientific researches in connection with the thesis
Regarding the role of time in obligations in several legal books, including the book of sales and the formation of contracts by Dr. Shahidi and the book of general rules of contracts by Dr. Katouzian, and in books of commercial law, there are contents stated, and according to the certificate number 22525/33 dated 25/10/1389 of the Center for Information and Scientific Documents of Iran, an independent research work and thesis that deals with the role of time in commercial documents has not been prepared and has no record of writing.
research limitations
Considering that the principle of the research is about commercial documents in Iranian law, naturally, most of the legal books of business and commercial law and magazines related to it were studied, and whenever the subject was related to other laws of Iran, the interpretive books related to those laws were also examined.
Assumptions Research
In this regard, although there are differences of opinion. However, according to the articles of the commercial law, the absence of a deadline in the document does not invalidate it.
Failure to comply with the deadline causes the loss of some of the rights of the owner, including invoking joint and several liability for some people, or the cancellation of their responsibility.
According to articles 319, 318, 315 of the commercial law, the expiration of time does not invalidate the principal of the debt, but rather causes it to become a civil debt in terms of claimability. It is based on the justification of Bilajhat.
The research method in this thesis
With the appropriateness of the research topic (due to commercial documents), the research method has necessarily been descriptive-analytical and library. And in this regard, articles related to the topic were studied as much as necessary.
The topic of this thesis is more than anything related to commercial law and the topics Related to it, it is mentioned mainly in the commercial law and rarely in the civil procedure law and the civil law and Islamic punishment, and some of the decisions issued by the courts have also been used and examined.
Overview of topics in this thesis
In addition to this introduction and the conclusion that will come at the end, this thesis includes two parts (general, time-specific rules in commercial documents). The first part, under the name of generalities, mainly deals with things that create a mental background for entering the second part and examining specific rules. And it has defined the document, examined the types of documents, and addressed the characteristics of a commercial document and types of commercial documents.
The second part under the title of special rules of time in commercial documents includes three chapters: the role of time in issuing a document (chapter one), the role of time In the continuity and life of the document (the second chapter) and the role of time in the fall of the commercial document (the third chapter).
Part 1
Generalities
Chapter 1: Document
In legal actions, the parties usually do not leave the reason for the existence of their legal relationship to the strength of the memory of one or more witnesses and their longevity and honesty, but prepare the proof by preparing the document.
Speech 1: document definition
In the word document, it is something to be trusted and legally It is a writing that is used to prove legal actions and it is a document if it is regulated by a person or persons who are effective in creating them.[1]
The document is considered to be part of the evidence to prove a claim based on Article 1258 BC and Articles 206 to 229 BC.
According to Article 1284 of the Civil Code:
« A document is any writing that can be used to prove a claim or defense.
The meaning of "lawsuit" The phrase is true news for one's own benefit and to the detriment of others, and the meaning of « defense» In general, it means the answer given by the respondent against the claim of the petitioner. It doesn't matter whether it is the subject of a lawsuit or not, like the objections of Article 84 of QA. d. M approved 1379, but if the defendant's response is not the main subject of the lawsuit and its nature, but is effective in it, it is called a defense in a special sense or an objection.[2]
Any writing may be used to prove or defend a lawsuit. The clause at the end of Article 1284 is for the purpose that " written» in a fight" document» It is considered to be admissible for proof or defense. In this way, a writing may be a document in one lawsuit and not be called as such in another lawsuit. [3]
A document is usually used to prove legal actions (such as a lease, a company certificate, a divorce certificate, and a purchase and sale document) and it is rare that this device is used in legal events, such as civil registration documents are prepared to prove the birth and death of individuals, and ownership documents may also be issued on the basis of possession.
A writing that is used to prove legal actions if " document» is to be regulated by the person or persons who have an effect in their creation. If those who were not involved in the occurrence of that act write their information, the writing that is prepared is a testimony, not a document. It is also the certificate of persons in the occurrence of external events, as the Civil Law states in Article 1185 that (the certificate is not considered a document and will only have the validity of testimony) [4]
Second speech: types of documents The document can be divided into various types of credit, such as some unsigned writings are also valid (such as business books) and a large number of them are not accepted without signature. But in terms of validity and executive power and regulation procedures, documents are divided into two privileged groups: 1) official documents 2) ordinary documents.[5]
Official document:
It is a document that is prepared in the office of land and real estate registration or official offices or with other officials within their jurisdiction according to legal regulations.
Ordinary document:
refers to a document that Means of regulated persons provided that official officials do not intervene in it according to legal regulations. Commercial books, promissory notes, promissory notes, checks, invoices. They are considered to be normal documents.
Section 3: Types of normal documents
First paragraph: Normal commercial
A- In general, it means any document that is exchanged between businessmen and other persons in commercial relations. which includes: commercial offices, bills of lading, warehouse receipts, stock exchange bonds, partnership bonds, bonds, stocks, etc.
b- In a special sense: it is the interoperable commercial documents that have the role of replacing money and means of debt payment, which are divided into two categories:
1- Intrinsic: promissory notes and promissory notes[6]
2- Subsidiary: check according to article 3 of the Islamic Law and the opposite concept of Article 314 of the Islamic Law. In legal relations such as: normal lease, normal sale, power of attorney.
2- Private letters.
3- Regulatory documents in foreign countries.