Abstract

The aim of this research is to evaluate the components and to state the form conditions of check issuing in statute of two countries of Iran and England. Due to the wide use of check and prevalence of its use as a payment instrument, and even the instrument for obtaining reputation such as promissory note and draft, the issuer should be familiar with the form conditions of check issuing to prevent possible problems caused by lack of knowledge. Since today these documents play a major role in communicating and business transactions, and strength most of deals. This led to prevalence of using aforementioned documents in establishment of trade exchanges, so that it can be said that these documents are an inseparable part of business transactions. The results obtained from the other researches and studies indicate that form conditions of check issuing are almost identical in Iranian and British Laws, that observing some of them is necessary, and if they are not observed, commercial document of the check will not have the necessary validity. Of mandatory form conditions include the date of issuing check include: Check issuing date, mentioning the word of check, unconditional order of payment of the amount check, check amount, mentioning the name of drawee on the check, mentioning the name of Mohil, indicating the place of check issuing, indicating the name of the holder, signature of check . In this study form conditions of issuing electronic check have also been investigated.

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