أحكام مرور الزمان المانع من سماع الدعوى الصرفية للشيك في القانون الأردني

Abstract EN

The commercial legislator in Article (271) of the Commerce Act set a rule which regulates the passage of time inhibitor of hearing banking law suit for a check, but this rule does not apply on all cases since there are some limitations which are mentioned in Article (272) of the same Act, and according to Article (271/4), a law suit against a person who drafted a check and has no enough money in his account will not pass with the same time limitation.

The provisions of the Jordanian Judiciary concerning the period of limitation and the case are inconsistent between the long period of limitation stipulated in the law and the fifteen-year period stipulated in article 58 of the Jordanian Trade Law, the five-year limitation and the exhaustion of the enrichment case for no reason (three to fifteen years).

Moreover, the Jordanian legislator did not mention in article 216 of the Jordanian Trade Law that the statute of limitations of the check is suspended.

The study concluded with a series of results: The text of Article 271 of the Jordanian Trade Law made the limitation of the check a complex or ambiguous, and controversial argument in the Jordanian jurisprudence because the Jordanian legislator did not expose the issue of halting the prescription of the check.

The study concluded that it is subject to waqf reasons according to the general rules established in the Civil Law.