Rules for Resolving Conflicts Regarding Checks in the Geneva Convention
Subject Areas :
1 - Master of Private Law, Law Department, Tabarestan Institute of Higher Education, Chalus, Iran.
Keywords: Conflict of Laws, Commercial Documents, Check, Conflict Resolution, Commercial Transactions.,
Abstract :
Commercial documents are essential for business and contractual transactions, and when they involve a foreign element, the issue of conflict of laws and the determination of the applicable law become significant. The dual Geneva Conventions explicitly mention conflict-of-law rules for commercial documents. However, since Iran is not a member of these conventions, their rules cannot be directly invoked. The governing law for the formal and substantive requirements of a document, which according to the conventions is subject to the issuance regulations, is specified in Iran’s Civil and Commercial Codes.Therefore, the applicable law can be determined accordingly. Regarding the creation of obligations arising from commercial documents, Iranian laws consider the place of obligation creation as the governing rule and the defendant’s domicile as the competent jurisdiction for procedural formalities. The endorsement of a commercial document is also subject to the regulations of the place of transaction, and the obligations arising from it are governed by the place of obligation creation. In general, the principle of the place of legal action exists implicitly in Iran’s legal sources.The Commercial Code primarily discusses bills of exchange and promissory notes, while issues related to checks face legal gaps. In such cases, due to the similarity between checks, promissory notes, and bills of exchange, and in the absence of explicit legal provisions, reference can be made to legal customs in Iran and internationally. The rules applicable to promissory notes and bills of exchange can thus be extended to checks. This study, using a descriptive-analytical method, examines the conflict-of-law rules regarding checks in the Geneva Convention.
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