Legal and Practical Reality of Checks " Comparable Study "

This study discussed the legislative and practical reality of the check in Palestine throughout the concentration on the its legislative , practical sides and the correspondence between the legislative of its rules which were organized by the trade laws such as the Jordanian Trade Law (12) of ( 1966) and the military orders of the Israeli Occupation army (No. 889-890 ) in addition to the recent Egyptian Trade Law (17) of (1999) and the practical reality of these rules through its implementation . The study starts with an introduction about the definition and importance of the….. and its distinctive features from other commercial documents . The legal organization of the check During clarifying its subjective and formal conditions that should be considered during its establishment . Obligatory details that the Jordanian Trade Law and the recent Egyptian Trade Law have stipulated in the check and the attitudes of the Jordanian and Egyptian legislators' attitudes about the retardation of some of these obligatory details have been clarified. Most important alternative conditions which can be mentioned in the …. In addition to ones can't be mentioned have been discussed by the researcher. Moreover, the study discussed the constancy guarantees of the check value such as the value, the signatories' guarantees and reservoir guarantees . Their rules conditions which govern these three kinds of guarantees has been clarified. Special types of check like travelers' check, the check in the account and others also have been discussed. The researcher clarified the legal rules and practical sides of the checks which govern these kinds of checks. The types of check endorsing , subjective and formal conditions which are necessary for its correctness have been discussed by the researcher . The rule of purging the payments through the procedures of endorsement which are the most important effects of the check circulation has been clarified . In this area , the researcher defined implementing this rule on the check and the effect of the late endorsement procedures of the deserving date. Furthermore, the researcher discussed some issues such as check commitment . He clarified the reason for the first efflux which is the payment against the check, rules of constancy, bank liability. The researcher also discussed the cases and procedures of objection , refusal of constancy throughout establishing remonstration for not paying the check value in accordance with the trade law. Finally , the researcher clarified the assured right of the check , its fall and prescription . The study conclusion contained the study results which included a group of recommendations in the hope that they will be taken into consideration by the Palestinian legislator when establishing any law concerns with the organization of the checks which represents the project for the Palestinian Law Trade.