الفلسفة العملية المثالية للافتراض الصرفي: دراسة مقارنة

الملخص EN

The Exchange assumption is one of the legislative drafting methods used by the legislator in drafting some texts related to commercial papers, and this method involves creating a legal rule that organizes, complements, or explains what is missing or ambiguous in the contents of the paper, and certainly when the legislator formulates legal rules, it aims to achieve certain goals.

They may be drafting and they may be practical, and the practical goals are divided into technical goals that become clear within the framework of a single commercial transaction, such as enhancing the speed of circulation or strengthening credit in the paper or the economy in invalidity (reducing cases of invalidity).

But if we look closely at these ends, we will find that they aim to achieve other long-term goals that can constitute ideal ends for the morphological assumption.

Perhaps the two most prominent ideas that we can put forward as an ideal end for it are the idea of the supposed will of the people of the morphological paper and the idea of transaction stability; It is as if the legislator, when supposed to organize, complete or explain the morphological behavior, is trying to rely on the supposed will of the people of the paper; They are the ones who created the morphological commitment to their will, and this will is the highest value that the legislator must track, or it is possible that he made these assumptions in order to maintain the stability of transactions, and to take note of these two goals we will divide this research into two demands, we deal in the first requirement to rely on the assumed will as an ideal goal For the morphological assumption, and then we show in the second requirement the stability of transactions as an ideal goal for the morphological assumption.