التنفيذ على الورقة التجارية في ضوء أحكام التظهير التأميني

الملخص EN

This study focused on the implementation of mortgaged Negotiable Instrument.

The problem of the study was to show the possibility of implementation on the endorsed Negotiable Instrument if the debtor failed to pay the debt secured by the endorsed paper.

This will be in view of provisions related to insurance endorsement that prevents the endorser from re-endorsing the Instrument as a transfer of ownership, and in showing the extent to which the implementation process is consistent with the nature of the subject of Negotiable Instrument represented by a specified amount of cash.The study concluded that the execution on the Negotiable Instrument by issuing a ruling from the competent court of the endorser’s ownership of the fixed amount in the Instrument, and enabling him to sell it by transferring the ownership of the fixed right therein to others, does not agree with the nature of the subject matter of the Negotiable Instrument represented by a specific cash amount , and that the ruling desicion of enabling to deduct it by a bank is the best method for implementation.

The study recommended the Jordanian legislator to laid down a provision that makes the ownership of the endorsement Negotiable Instrument to be for the creditor if the debtor did not pay the insured debt at the time of fulfillment as this encourages the granting of credit and avoids the trouble of implementation through the judiciary.