Document Type : A critique of the civil court's judgment
Authors
1
Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2
Researcher at the Iranian Law and Legal Research Institute, and Master of Jurisprudence and Fundamentals of Law, Allameh Tabatabai University,Tehran,Iran
Abstract
With the approval of Repeated Article 21 of the Check Issuance Law and the requirement to register check information in the Sayyad system, the legal form and process of drawing checks in Iran changed. Following this development, in recent years, numerous claims have been filed in the courts of Tehran provincee with the seeking such relief as "obliging the drawer to register checks in the Sayyad system." These claims have been met with different and conflicting responses from the courts of first instance and appeals; so that some courts have rendered a judgment requiring to register, accepting the principle of the admissibility of this claim and relying on implied obligations or customary requirements in transactional relationships, while others have dismissed the claim, relying on the lack of a binding legal basis and the specific nature of the registration process in the system. The present study, with an analytical-descriptive approach, while examining the legal structure of unregistered checks, deals with a substantive and procedural analysis of the proposed claim, and seeks to delineate the relationship of this claim to other similar institutions, including the requirement to draw up a notarial deed, by evaluating the legal arguments contained in judicial decisions. Finally, the consequences of accepting or dismissing this claim on the legal security of transactions, economic order, and the efficiency of the Sayyad system are evaluated. The findings of the present study indicate that a check not registered in the Sayyad system has the nature of a private deed not a commercial instrument, and dismissing such a claim is more consistent with procedural and substantive legal foundations, principles of civil procedure, and a coherent legislative structure, and is considered a more desirable option for maintaining the legal validity of commercial instruments, transparency of proceedings, and the proper functioning of the banking system.
Keywords
