التعارض بين قاعدة التطهير من الدفوع و قاعدة الحيازة في المنقول سند الملكية

Abstract EN

A commercial paper is considered movable money and is transferred by endorsement or manual handling if the endorsement of the bearer or blank and sometimes the bond is created directly to the bearer, as in the blank check.

Sometimes the original owner loses possession of the bond to the bearer in a certain event and is then endorsed for someone who is unaware of his loss called the holder.

The commercial law has addressed the issue of the loss of the bond to the bearer and its access to the holder in Article 56, as well as the Civil Code in Article 1164.

Their judgment is inconsistent with the ownership of the bond.

omen Article (56) recognizes the ownership of the award in accordance with certain rules and Article (1164) recognizes the ownership of the original owner in accordance with certain controls as well.

The types of endorsement in terms of form are three nominal and for the pregnant and blank, if the nominal endorsement comes out of the scope of the conflict because the paper will be determined by the owner directly and can not be disputed, and therefore does not provoke a loss of ownership dispute, but the danger lies in the loss of the paper showing the pregnant or blank, which is called It has the bond of the bearer and falls within the scope of the conflict, including the commercial transfer and the bill of exchange, appearing a proprietary or documentary manifestation of the bearer or blank, and the check appearance is a proprietary manifestation of the bearer only.

The conflict shall be resolved by the application of the cleansing of defenses rule on the bond to the bearer, which falls within the scope of the conflict with respect to its loss and access to the holder in accordance with the rules set forth in this rule.

The endorsement must also be valid and summarized for the conditions of health in terms of formality, satisfaction, place and reason, The lost holder of the holder and not the original owner who lost the transfer.

The rule of tenure in the movable title deed is applied in the following cases: If the commercial paper appears and was a manifestation of the holder or blank and reached the holder of good faith and the endorsement is void, as well as applied to everything that deviates from the concept of the deed to the holder in the conflict, and also if The endorsement is a power of attorney, as well as the endorsement of the check as an insurance endorsement, and if the endorsement occurs after the submission date and after the protest action.