أحكام الوفاء الجزئي للورقة التجارية في ضوء أحكام قانون التجارة الأردني: دراسة مقارنة

Abstract EN

This study came to shed light on partial fulfillment in the commercial paper which was not examined by the Jordanian legislature within the commercial code in clear provisions, on the contrary, the provisions came vague and inconsistent with each other, therefore, this study came to determine which party has the right to offer partial fulfillment and the legal effects that may arise on the behalf of the holder as well as obliged debtors.

The study concluded that there is a necessity to establish a special regulation for partial fulfillment to prevent the occurrence of the problem related to the holder’s right to possess the fulfillment consideration, and also the case of being negligent for not claiming the value of the commercial paper when part of fulfillment consideration is available.

The study concluded that in order to establish and support confidence in commercial papers, legal provisions related to partial fulfillment shall be modified similar to what was done by some Arabic legislations such as Iraqi and Egyptian commercial laws.