Background and Aim: Contrary to the jurisprudential rules and regulations of civil law, which seek the realization of rights and the establishment of justice, in which the cause is considered one of the pillars of any legal action, and the transmission of religion is absolutely affected by the initial relationship. The law of commercial documents is influenced by some legal systems, which consider such a transfer to be absolutely independent of the effect of the cause. The present study examines the limits of the separation of the document relationship from the original relationship in commercial document law.
Materials and Methods: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Findings: The holder of a commercial document has transferred it from the previous holder due to the trust in the emergence created by its signature. Therefore, he has the right to refer to them to receive the amount stated in the document, even if the obligor of the document has good reasons for non-payment against the transferor. The main purpose of commercial law in general, especially commercial contract law and especially brotherhood law, contrary to the jurisprudential rules and regulations of civil law, is, first and foremost, to ensure speed and order. One of the means to achieve this goal is to neutralize the effects of pre-document relationships to maintain the integrity of your obligations.
Conclusion: From all the existing dim regulations governing you, promissory notes and checks in Iranian law, we can see traces of the separation of the document relationship from the original relationship. Due to the obsolescence of the relevant laws and the existence of inherent weaknesses, the commercial document rights of our country are far from the modern commercial document rights. To compensate for the existing shortcomings before the implementation of legal amendments, the legislative vacuum can be overcome by using the existing laws along with legal doctrine and jurisprudence and jurisprudential views.