Document Details
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Document Type |
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Thesis |
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Document Title |
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DECISION TO DENY CHEQUE PAYMENT BETWEEN PENALIZATION AND PERMISSION: A COMPARATIVE STUDY الأمر بمنع صرف الشيك ما بين التجريم والإباحة ( دراسة مقارنة ) |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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Title of the Study:
DECISION TO DENY CHEQUE PAYMENT BETWEEN PENALIZATION AND PERMISSION: A COMPARATIVE STUDY
This study aims to investigate in detail the offense of denial of cheque payment according to what indicated in and set forth under the Saudi Commercial Papers Code; and to strike a comparison between what stipulated under the Saudi Code and comparable counterparts. It also aims to study conformity with such rules and regulations and prerequisites set forth under Islamic Shariaa from which acts, laws, and regulations in Saudi Arabia derive its legitimacy.
In this study, I have attempted to demonstrate the flaws likely to bar willingness, which led, directly or indirectly, to drafting the cheque. Also, the study presented a number of issues and facts preceding the process of cheque drafting; and highlighted influence of such issues and facts over such process in a bid to correlate between a fundamental principle - that is, cheque autonomy regardless of cause of establishment without due regard to any motives led to commit such an act - subject to penalization. The study attempted also to correlate between freedoms granted under the rules and regulations and interests guaranteed under the laws to protect credibility and reliability of cheque as being an instrument in lieu of fund in business transactions. It further attempted to correlate between the rights of individuals guaranteed under rules and regulations in terms of protection of individuals' funds from bids made by others to capture such funds illicitly.
Furthermore, the study has tackled the offense, subject of the study, and events where individuals and persons may have the right under provisions of the Code to exercise the drawee's right to deny cheque payment. These events have been exclusively highlighted.
The study has also shed light on the relationship between the drawer and the drawee, where the latter accepts the order issued thereto not to pay despite its full awareness that such failure may constitute a penalized offense according to provisions of Commercial Papers Code.
In addition, the study has presented the defenses to which the ad-hoc judge shall hear and respond; and demonstrate what related to the public discipline and what pertinent to the person's right; and that such defenses shall be raised in the first hearing session otherwise the right may be disclaimed.
As well, the study has demonstrated the extent of time and venue where the cheque entertains penal protection; and listed the events where cheque protection may drop.
Then, the study tackled the proceedings of lawsuit and procedures to bring an action before competent authorities in Saudi Arabia.
Eventually, the study concluded that the principle of cheque autonomy may be disregarded. It further concluded that there are several significance interests protected under provisions of laws, codes, rules and regulations. Therefore, protection of cheque reliability and credibility is viewed among several interests preserved and maintained by the state, whose obligation, among others, is to strike a balance between such interests to the aim of justice achievement.
The study provided a number of findings and recommendations. |
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Supervisor |
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dr. |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1437 AH
2016 AD |
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Added Date |
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Wednesday, June 1, 2016 |
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Researchers
| ضيف الله سعد الحربي | ALHARBI, DHAIFALLH SAAD | Researcher | Master | |
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