چکیده:
Article 314 of the Iranian Commercial Code stipulates: "The provisions of this law regarding the guarantee of the issuer and endorsers, protest and filing a guarantee claim, and loss relating to bills of exchange shall also apply to checks." Based on this article, is the guarantor of a check jointly liable like the guarantor of a bill of exchange? Does referring to the check guarantor require observing the same formalities as those required for a bill of exchange when referring to the principal debtors (issuer and endorser)? This article aims to answer these questions. The answer to the first question is important because some authors have doubted the joint liability of the check guarantor, and therefore it is necessary to evaluate the validity of this doubt; The answer to the second question also familiarizes us with the characteristics of some rules governing the guarantee in a check compared to the guarantee in a bill of exchange.
خلاصه ماشینی:
The Nature and Conditions of the Guarantor's Liability for a Check in Iranian Law Rabia Eskini* Assistant Professor, Research Institute of Science and Technology, Atomic Energy Organization of Iran (Date Received: 1391/5/3 - Date Approved: 1391/8/2) Abstract: Article 413 of the Iranian Commercial Code stipulates that: "The provisions of this law regarding the guarantee of the drawer and endorsee, protest, bringing a guarantee claim, and loss relating to bills of exchange shall also apply to checks.
com Introduction According to Article 413 of the Commercial Code: “The issuance of a check, even if it is from one location to another, is not inherently a commercial act, but the provisions of this law regarding the guarantee of the drawer and endorsee, protest, bringing a guarantee claim, and loss relating to bills of exchange shall also apply to checks.
The advisory opinion of the Legal Department of the Judiciary is even more explicit: “The signature of a third party on the back of a promissory note, bill of exchange, or check is considered, in practice – meaning in the practice of merchants and tradesmen – a guarantee of payment by the signatory, and according to the end of Article 942 and Article 413 of the Commercial Code, it creates joint and several liability for the endorser of the check.
(
, 
, 
)
