چکیده:
Among commercial regulations, the subject of commercial documents holds a special position. Various forms of transferring these documents and the issues surrounding them occupy a major part of this topic. In this writing, after examining the various forms of transferring commercial documents, we have investigated how these documents are transferred by legal entities (commercial companies); and we have concluded that those who have the legal authority to manage the company—although they do not strictly follow the general rules of agency—can transfer those documents, and this transfer, according to current commercial law regulations, will make the company liable. Conversely, failure to comply with these rules and regulations will neither grant validity to the transfer nor bind the company.
خلاصه ماشینی:
This criterion can also be a guide in the transfer of commercial documents toward classifying it as a legal act or event; what seems to be the case is that, during the transfer of a commercial document, the transferor's will is the transfer of ownership of their document to the transferee, and the latter's will has no desire other than becoming the owner and holder of the document, whereas, on the other hand, there might be an agreement to pay a sum of money to the transferor or something else might be provided in exchange, and the person transfers the document to another with a signature (general gift, Article 806 of the Civil Law), where in fact the document itself cannot have a value that would deter the parties from the subject of the obligation (the price), and their intention is focused on that same price committed to in the document.
In terms of the movement of will in the arena of relations between persons, this matter can also be inferred from the permissibility of this act and considered a private promissory contract; however, this legal relationship that causes the transfer of the document to the new holder cannot be completely free, or the parties cannot introduce any restriction into their agreement during this transfer, because a commercial document, due to its ability and capacity to move from one person's personal assets to another in every moment requires a specific order and special support, which the legislator has attempted to fulfill by enacting regulations; among them, the joint liability of the transferor has been stipulated, and it can be said that the agreement at the time of transfer cannot be contrary to these regulations, and as long as no disruption is caused to this type of regulation, they are free to emphasize their own agreement.
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