خلاصة:
One of the characteristics of commercial instruments (bills of exchange, promissory notes, checks) is the principle of joint and several liability of the signatories. The Commercial Code of 1932, in the section relating to bills of exchange, stipulates in Article 249 that all signatories of this commercial instrument are jointly and severally liable to the holder (beneficiary). In addition to the bill of exchange, this principle also applies to two other commercial instruments, namely the promissory note and the check, due to Articles 309 and 314 of the Commercial Code, which state the unity of the provisions of the promissory note and check with the bill of exchange, in order to guarantee and protect the rights of the holders of these commercial instruments. The legislator adopted the same approach in Article 19 of the Check Issuance Law approved on April 6, 1976. This article attempts to examine the nature and sources of joint and several liability as a governing principle for the aforementioned instruments, explain the effects of solidarity in commercial instruments, and then determine the scope of responsibility of each of the signatories of these instruments, the most important of which is the bill of exchange.
ملخص الجهاز:
The legislator, in order to give more credibility to special commercial instruments (bills of exchange, promissory notes, checks) and also to protect the holders of these instruments, has accepted the principle of joint liability of the signatories in Article 249 of the Commercial Code, even in the form of lateral solidarity.
Therefore, with regard to the rule stipulated in Article 403 of the Commercial Code, the principle should be based on joint or relative responsibility unless the law or a private agreement of the parties explicitly states the solidarity of the responsibility of the obligors; because the debt and claim of each person are specific to him and rooted in his independent property, therefore, the connection and interdependence between the property of individuals requires proof.
It may initially seem that because the Commercial Code considers joint responsibility of its signatories as one of the privileges of commercial instruments, protecting the holders of these instruments (bills of exchange, promissory notes, and checks) requires the provision contained in Article 249 of the Commercial Code to be among the mandatory laws, and the obligors of these instruments cannot deprive themselves of or limit the nature of solidarity.
Whether the bill of exchange has a place of payment or not, and whether the drawee accepts it or not, does not affect the joint liability of the drawer, and the holder, according to Articles 237 and 249 of the Commercial Code, has the right to receive its value from the drawer.
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