Private Law

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Browsing Private Law by Author "Dr . Amjad Hassan"

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    Opposition in the Fulfillment of the Check in Accordance with the Provision of the Trade Act of Jordan (12) for the Year (1966)
    (2016) Sami Taha Suliman Jazmah; Dr . Amjad Hassan
    This research studied the opposition in the fulfillment of the check, and the researcher here focused on opposition of the drawee bank on fulfilling as an obstacle between the check holder and getting the amount, which business legislation tried to remove it, including Trade Act of Jordan in order to strengthen the check customers' trust and inducing them to accept checks as a fulfillment tool lieu of money, so it states explicitly the prohibition to oppose the drawer except in two cases mentioned exclusively in Article (2/249) of Trade Act of Jordan, and because the opposition is not limited to the fulfillment of the drawer of the check it was pointed indirectly to the opposition of non-drawer The researcher started paving, defined the check concept and what modifications made by Israeli Occupation, then the role and functions of the check have been clarified as a fulfillment tool, also the researcher clarified the opposition concept in fulfillment of the check, by defining the fulfillment and stating its characteristics, and because the fulfillment opposition goes to the drawee bank the researcher distinguished between the fulfillment opposition and the executive opposition and the rule of cleansing payments. The researcher discussed the drawer opposition by identifying the check drawer and the conditions of opposing him, and clarifying the nature of this opposition through a brief review of the position of the legal systems comparatively, the researcher highlighted on the exchange of fulfillment of the check and what is the position of the Trade Act of Jordan from exchanging fulfillment because of the importance of this in determining the nature of drawer opposition, then non-drawer opposition was clarified through presenting the need to opposing the check whatever its form, and clarifying the effect of confession to the check holder of his right of exchanging fulfillment. Opposition to check holder creditors was clarified, and the bankruptcy agent and practical difficulties which face creditors in reserving the money of their debtor as long as the check is not presented to fulfillment and its time is not expired. Then researcher clarified the opposition of drawer and his bankruptcy agent by clarifying the former opposition on check date and next opposition which takes the form of reserving debtor money in drawee bank. The researcher clarified the scope of fulfillment opposition stated in Article (2/249) of Trade Act of Jordan, and showed how the loss of check is one of two correct cases of drawer opposition, showing the case of losing the check by holder and by the drawer, and referring to other cases considered as loss, then the researcher referred to bankruptcy of the holder as the second case of correct drawer opposition and reserving holder because of his bankruptcy, also there is a case of opposition was not stated in Trade Act, displaying incorrect opposition cases like opposition because of the breach of the beneficiary in contractual obligation and opposition of fulfillment of insurance check, clarifying other cases not considered opposition in fulfillment as failure or incorrect information of legal check information. Furthermore, the researcher clarified the procedures of fulfillment opposition by showing the drawer opposition that happens directly by the drawee bank or through a soon request submitted to judiciary to stop cashing the check, then showing the procedures of opposing the check holder through the articles of Egyptian Trade Act that display the steps followed by objector and the procedures of the dispute in this opposition by the owner of the check to the holder. Then, researcher clarified the effect of the opposition on check parties, showing the effect on the drawee bank in terms of its abstention to fulfill the check and freezing in exchange of fulfillment, and clarified the effect of that opposition on check holder in correct opposition, and its effect on incorrect opposition showing the effect also on check drawer. At the end of this study, the researcher pointed to the most findings of this study which is a set of recommendations for perhaps to have accept and interest for the Palestinian legislature with the time of adoption of the Trade Act of Palestine, that is not done till now, and for those supervising banking system.