Reviewing judicial precedent No. 74.2.12-597 of general board of Iran’s supreme court

Authors

  • Parviz Dehghan University of Maragheh

Keywords:

Judicial precedent 597, Commercial document, Article 286 of Iran’s trade law, Guarantor

Abstract

According to legal regulations, endorsers of a commercial document hold severally liable against its holder; and in this regard the holder too has some duties to perform. Among these duties, after the demand and protest for non-payment in legal time is litigation within a certain legal time. There are different opinions regarding inclusion of the guarantors in article 286 of Iran’s trade law and judicial procedures are also divided and vary, and according to some rulings of some branches of Iran’s Supreme Court, the guarantor is included in the subject of article 286 while some of the branches consider it outside of the article 286 subject. This difference resulted in the issuance of judicial precedent no. 597 on 1995 May 2nd which rules on the exclusion of the guarantor in the subject of article 286 inclusion. In this paper, along with reviewing the ruling, the guarantor inclusion-exclusion cases in the subject and ruling of article 286 of the Iran’s trade law is determined.

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Author Biography

Parviz Dehghan, University of Maragheh

Assist. Prof., University of Maragheh, Faculty of Human Sciences, Department of Law

References

Demyrchily, M., Hatami, A., & Gharaii, M. (1999). Iran’s current trade law in legal order. Tehran: Persian Gulf Publication.

Eskini, R. (1995). Iran’s trade law (bill of exchange, promissory note, Cheque). Tehran: SAMT.

Fakhari, A. (1998). Thoughts of law 3 (business law). Tehran: Majd Publication.

Hoveyda Darvishi, Y. (2014). Responsibility of endorsers of commercial documents and diffusion of judicial decisions, with an emphasis on the responsibility of the guarantor. Quarterly of Taali Hoghogh New Era, 7, 79-98.

Kaviani, K. (2002). Legal commercial documents. Tehran: Mizan Publication.

Saghry, M. (1999). Commercial rights of documents (training and selection). Tehran: Sahami Enteshar Publication.

Sokuti Nasimi, R. (2014). The analytical topics of legal documents. Tehran: Majd Publication.

Sotude Tehrani, H. (1995). Iran’s trade law. Tehran: Dadgostar Publication.

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Published

2016-11-18

How to Cite

Dehghan, P. (2016). Reviewing judicial precedent No. 74.2.12-597 of general board of Iran’s supreme court. Journal of Human Sciences, 13(3), 4738–4748. Retrieved from https://www.j-humansciences.com/ojs/index.php/IJHS/article/view/4031

Issue

Vol. 13 No. 3 (2016)

Section

Law

License

Uluslararası İnsan Bilimleri Dergisi ISSN:1303-5134
International Journal of Human Sciences ISSN:2458-9489
 
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