The legal effects of striking off the endorsement in the commercial paper

Authors

  • Dr. Amir Hassan Jassim College of Rights, Tikrit University, Salahaddin, Iraq
  • Salam Saleh Musleh College of Rights, Tikrit University, Salahaddin, Iraq

Keywords:

- Commercial paper. - Striking off. - Cross-endorsement.

Abstract

Abstract:  Commercial papers in general play a prominent role in supporting commercial activity, and perhaps the issue of the legal implications of canceling endorsement in the commercial paper is one of the important topics, since delisting in general leads to the lack of legal value of the bond or diminishing that value, and the paper because it is a fulfillment tool and its most important characteristics is its ability to trade and this write-off It may lead to this feature, but this cannot be implemented in the commercial paper for the individual legislator of commercial papers with special legal provisions for delisting, as deleting the endorsement may have important legal implications when endorsing the commercial paper and the consequent exit of the appearance from the warranty circle When his endorsement is written off, or the consequences of deleting the final appearance for its endorsement and subsequent endorsements, as it becomes a legal bearer of the paper and has what legal holder of the paper and has the same rights as the legal holder, or that makes the commercial paper not subject to endorsement .

References

First - Arabic books:

A- Legal books:

- Dr. Elias Haddad, Commercial Bonds in Algerian Commercial Law, University Press Office, Algeria, 1985.

- Dr. Saeed Ahmed Shula, Judicial Court of Cassation in Commercial Papers, Manshaat al-Ma'arif, Alexandria, 1999.

- Dr. Samiha Al-Qaloubi, Commercial Papers, 3rd edition, Dar Al-Nahda Al-Arabiya, Cairo, 1999.

- Dr. Salah Al-Din Al-Nahi, Al-Mabsout in Commercial Papers, Al-Ahlia Printing and Publishing Company, Baghdad, 1965 AD.

- Abd al-Hamid al-Shawarbi, Commercial Papers in the Light of Jurisprudence, Judiciary and Legislation with Forms of Contracts and Commercial Cases, Alexandria Knowledge Company, no publication date.

- Dr. Fawzi Mohamed Sami, d. Faeq Al-Shammaa, Commercial Papers, Al-Atak Book Printing, Cairo, 2008.

- Judge Atef Fouad Sahsah, The New in the Check Commercially, Civilly and Criminally, there is no publishing house, 2000 AD.

- Dr. Mohsen Shafiq, The Lengthened in the Commercial Papers, 1st Edition, Dar Al-Nashr and Culture, Alexandria, 1949 AD.

- Dr. Mustafa Kamal Taha, Commercial Papers and Bankruptcy According to the Provisions of Trade Law No. (17) of 1999, University Press, Alexandria, 2001.

- Counselor Mustafa Harjah, Penal Code in the Light of Jurisprudence and the Judiciary, edition of the Judges Club, Alexandria, 2008.

- Dr. Hani Dowidar and Dr. Mohamed El-Sayed Faki, Commercial Papers and Bankruptcy, New University House, Alexandria, 2014.

B- Journals and lectures:

- The Journal of the Jordanian Bar Association for the year 1990 AD.

- Dr. Amir Hassan Jassim, Lectures delivered to master's students at the Faculty of Law, Tikrit University, academic year 2017-2018.

Second - Legislations:

A- Iraqi legislation:

- Iraqi Civil Law No. (40) of 1951, as amended.

- Iraqi Trade Law No. (30) of 1984, as amended.

C - Arab legislation:

- The Egyptian Civil Law No. (131) of 1948 AD.

- Egyptian Trade Law No. (17) of 1999 AD.

- The Saudi Securities System No. (M / 37) for the year 1383 AH.

- Jordanian Trade Law No. (12) of 1966 AD.

- UAE Commercial Transactions Law No. (18) of 1993 AD.

- Syrian Trade Law No. (33) of 2007 AD.

Third - Websites:

- http://www.aleqt.com/2010/05/12/article_391865.

- https:ahmedazimel.blogspot.com .

Published

2023-10-30

How to Cite

Jassim, D. A. H., & Musleh, S. S. (2023). The legal effects of striking off the endorsement in the commercial paper. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 7(4), 43–61. Retrieved from https://tujr.tu.edu.iq/index.php/home/article/view/55