Document Type : Original Article
Authors
1
Master's student in Private Law, Department of Law, Faculty of Humanities, Islamic Azad University, Ahvaz Branch, Ahvaz, Iran (Corresponding Author)
2
Member of the Faculty of Law, Faculty of Humanities, Islamic Azad University, Ahvaz Branch, Ahvaz, Iran
3
Ph.D. in Jurisprudence and Law, Department of Law, Faculty of Humanities, Ahvaz Islamic Azad University, Ahvaz, Iran
10.22034/lc.2023.415790.1394
Abstract
In this article, the meaning and concept of the holder of a commercial document in commercial law, judicial procedure and from the point of view of the civil law are discussed. Basically, the owner refers to person who owns the commercial document, however, there is no precise definition of it in commercial law; In Articles 2 and 11 of the Check Issuance Law, the definition of holder is stated. In this research, it was concluded that the holder in commercial law is divided into three categories: legal holder (in good faith), civil and actual holder, and the holder in good faith is considered one of the most important types of holder. The holder of the check is actually the owner of the commercial document who can demand the payment of the check from those responsible for its payment. The holder includes the persons to whom the check was transferred or the beneficiary, etc.
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