الدور القانوني المستحدث للشيك المسطر في الأعمال التجارية

Abstract EN

People today prefer to deal with checks over other types of commercial papers such as the bill of exchange and the promissory note (i.e.

the bill of exchange as it is known to us in Iraq); and this is for the ease of contact with the bank drawn on one hand and the possibility of adding it to the positive part of his bank account whether it’s a fixed deposit or a current account on the other hand, and it is also easier for its holder to transfer it between two banks or more.

for these reasons, people preferred to deal with checks over other commercial papers.

it also added the penal element to punishing the check drawer or its endorser when they were unable to provide the holder with sufficient balance, as is proven in its text, adding peace of mind in people’s hearts to dealing with this type of commercial paper.

as for merchants, because of the ease of dealing with checks and their technical role in bank accounts, their dealings with them increased.

however, the market recession or inflation (which is outside their control) consumed the capital of their trade, so they were forced to adopt various methods, including borrowing or requesting support from banks, which is known in terms of commercial law, as we will see, as bank credit.

they were also forced to draw checks on themselves without a sufficient a balance, risking a penalty issued against them in order to save their trade from recession.

this is one perspective of it, from another perspective, the expansion of the state’s activities and its interference in various areas of life prompted it to withdraw checks on itself to cover the areas to which its public expenditures extended, and because of its large financial obligations, it was forced to issue checks without balance or with an incomplete balance.

therefore, the Egyptian legislator find that it is necessary to address this problem, and he will be better to the issue the law no.

156 of 2004, in which he introduced a wonderful idea that government checks and the crossed (publicly or privately) checks are due for payment on their due date, not on the date of their viewing.

and for the purpose of examining this experience and its repercussions on the Iraqi reality, the author decided to discuss this topic.