Document Type : Original Article
Authors
1
PhD Student in Private Law, Department of Law, Arak Branch, Islamic Azad University, Arak, Iran.
2
Assistant Professor, Department of Law, Arak Branch, Islamic Azad University, Arak, Iran
3
Assistant Professor, Department of Law, Arak Branch, Islamic Azad University, Arak, Iran.
10.30510/psi.2022.288316.1766
Abstract
In the study of Barati documents (checks, Barat and promissory notes) in this research, we came to the conclusion that they follow principles and rules such as "principle of non-hearing of objections" and "abstract description". Despite the great importance of these principles, most jurists have examined them briefly without specifying the relationship between them, which has caused many questions and ambiguities. In this study, to answer the questions, we have used descriptive and analytical methods as well as explanatory and inferential methods, and it was concluded that the principle of non-hearing of defects in Barati documents, in addition to basic relational defects, is necessary. Also apply to your transaction defects. In addition, the exceptions to each of these are different. It was also found that only the principle of not listening to the objections of these documents regarding the basic relationship is the result and fruit of the abstract description and not the mentioned principle regarding your relationship.
Keywords
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