The Nature of Promissory Note in Imamieh Jurisprudence
Document Type : Original Article
Authors
1 Assistant Professor of the Department of Private Law at Shahid Beheshti University, Tehran, Iran
2 PhD Student of Private Law at Imam Sadiq(a.s) University, Tehran, Iran
Abstract
The promissory note is one of the most widely used documents in today's economy, which paid less attention to it unlike the bill of exchange. Some Imamieh jurists have commented on the nature of promissory note. Reviewing and reflecting on the opinions of Imamieh jurisprudence shows there are two categories of theory about the nature of the promissory note. First is the theory of the practice of not legalizing speculation, Includes theories of "documentary" and "acceptance of remittance". The second theories based on the legal practice of promissory note promissory notes, including the "contract of assignment", "contract of guarantee" and "contract of mandate" theories. Firstly, the issuance of speculation seems to be a legal act, not just one the material practice and the setting of a document and, secondly, the nature of this legal action according to the clean criteria between the contract and the "Ieqa", and its theme is "the creation of a commitment unconditional payment to the Holder in the provisional ordinance".
Keywords
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Volume 7, Issue 13 - Serial Number 13
March 2019Pages 1-24
- Receive Date: 19 July 2018
- Revise Date: 02 October 2018
- Accept Date: 10 December 2018