The effect of illegitimate direction on commercial documents in Iranian case law

Document Type : Original Article

Authors

1 Student of Islamic Azad University, Gorgan Branch

2 Doctor of Private Law and Assistant Professor of Law, Islamic Azad University, Gorgan Branch

3 Faculty member and Assistant Professor of Law, Payame Noor University, Visiting Professor, Islamic Azad University, Gorgan Branch, Iran.

Abstract

In Article 190 of the Civil Code, the legislator mentioned the need for the legitimacy of the "direction" of the transaction as one of the basic conditions for the validity of the transaction. "What will be the trade?" Whether it is issued is current or not needs to be discussed. The opinion of lawyers for the transaction is the same motivation that directly motivates the person to do the transaction. This motivation must be in legitimate transactions. And if the direction of the transaction is illegitimate, in jurisprudential discussions, three theories of correctness, invalidity, and corrupt and corrupting condition have been proposed, and some jurists believe that the direction specified in the contract will be sufficient for the knowledge of the contracting party. If a commercial document is issued in commercial transactions and the formal conditions of the commercial document are in accordance with commercial laws, it will enjoy the privileges of commercial documents. It has no effect on it and the issuer and endorsers are responsible to the holder in good faith.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 866-876

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