چکیده:
Law & Politics Research Journal Conflict of Laws Concerning International Negotiable Instruments Dr. Frahad Parvin’ Abstract: This Article after introducing two international legal systems, which govern negotiable instruments (i-e promissory notes, bills of exchange and cheques) examines the question of conflict of law regarding the afore said instruments in 6 sections. In section 1 the capacity to issue a negotiable instruments under intertional conventions, the Iranian law, and other legal systems is examined. Section 2 deals with the procedural requirements and the requisite formative conditions for negotiable instruments. The Geneva Convention and the law of Iran are the focal point of examination. In section 3 the legal impact of obligations arising out of an instrument is discussed. In this respect, Iran's and other legal system are reviewed. Sections 4 and 5 shed light on such issues as "place of bill of exchange" and those relating to questions of stamp and taxation and their subsequent legal impact upon the validity of the said instruments. The final section of the Article (i-e. section 6) assesses the manner in which legal measures in the context of bills of exchange, promissory notes and cheques are introduced
خلاصه ماشینی:
According to this article: "Each of the High Contracting Parties reserves the right not to apply the principles of private international law contained in this Convention in the following cases: (1) Whenever one of the obligations related to a commercial instrument has been performed on the territory of a non-member country of the Convention.
11 Article 2 of the second protocol of the Convention approved on June 7, 1930 (regarding the resolution of some cases of conflict of laws) states as follows: "A person's capacity to accept an obligation regarding a bill of exchange and a promissory note is determined by their national law.
" Regarding checks, Article 2 of the second protocol of the Geneva Convention - March 19, 1931, regarding the resolution of some cases of conflict of laws in respect of checks, states as follows: "The personal capacity to accept an obligation by means of a check shall be determined according to that person's national law, and if the law of that person's country considers the law of another country competent in the subject matter, the latter shall be applied.
In this regard, Article 3 of the Second Geneva Convention (1930) states as follows: "The formal requirements of obligations arising from bills of exchange and promissory notes shall be determined according to the law of the country in whose territory the said obligations are performed.
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