Civil Liability of Banks for Sayadi Checks

• Published in: Majallah-i pizhūhishhā-yi ḥuqūqī Vol. 23; no. 58; pp. 539 - 564
• Main Authors: Ahmad Reza Davarpanah, Mehdi kazemi Moghadam, Jamileh Jafari
• Format: Journal Article
• Language: English
• Published: Shahr-e- Danesh Research And Study Institute of Law 01.09.2024
• Subjects: bank; check; civil liability; damage; fault
• ISSN: 1682-9220; 2717-0020
• DOI: 10.48300/jlr.2023.378934.2251

The new law on issuing checks has been approved by the Islamic Council parliament on November 4, 2018 in 25 articles and 20 comments. This law includes many innovations compared to the previous laws, of which Sayadi checks are the most important. In fact, in order to avoid the problems that may have arisen for check issuers and holders in the past, the legislator has replaced these types of checks with the old ones, and for its implementation, he has defined tasks for the banks in Three the registration of issuance and the payment of checks, white the investigations, we realized that despite the fact that the above-mentioned law has doubled the duties of the banks in relation to the checks, it has not been successful in terms of their civil liability, and it is limited to specific cases in the check issuance law. Therefore, in order to further study the relationship with the civil liability of banks in the new check issuance law and in special laws, the civil liability of banks has been investigated in relation to Sayadi checks. The result of his research showed that banks are responsible for the loss caused by failure to perform work based on the provisions of paragraph c of Article 35 of the monetary and banking law, article 8 of the civil liability law, and Note 5, Article 5 Repeated of the Check Law. They are responsible for registering, issuing and paying Sayadi checks. That the basis of this responsibility is based on the theory of fault and in some cases it seems to be a pure theory, Venice It saemes the type of this responsibility is contractual in all cases.