Document Type : research
Authors
1
PhD Student OF Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3
Assistant Professor Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
4
Assistant Professor, Department of Law,, Faculty of Humanities ISLAMIC Azad UNIVERSITY University,Tehran,Iran
10.22034/ejs.2024.426687.1614
Abstract
Background and Aims: Establishing joint liability is one of the crediting methods for commercial documents. The purpose of this article is to examine the theory of joint and several liability and representative liability in commercial documents in Iranian law, the UNCITRAL Convention and the Geneva Conventions.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: In principle, the principal is responsible, the representative is not responsible, however, it requires the protection of the legitimate trust of third parties in good faith, so that in cases where the issuing representative has not declared his position, the holder of the document can consider him responsible based on the appearance of the matter.
Conclusion: Considering the special situation of commercial documents in terms of validity and the need for speed in commercial law, it is appropriate that in many cases the representative has the same responsibility as the original, but in some cases imposing responsibility on the representative is considered unnecessary, which is in conflict with It is considered the main rights of the representative, which needs to be adjusted.
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