پژوهشنامه حقوق تطبیقی (Apr 2023)
An Expression of Intention in Negotiations Instruments: A Study of the Law in Iran and Geneva and UNCITRAL Conventions
Abstract
Issuance of negotiations instruments, checks, promissory notes, bills of exchange, their endorsement or guarantee, as well as the acceptance of bills of exchange must be according to the general rules of contracts to be considered a legal act. However, according to the international conventions of Geneva and UNCITRAL regarding negotiations instruments, the meaning is specified using a signature and seal. The definitive stage of delivery of the document after signing, which must be done with consent, is also important. Iran's law is silent on the legal effect of submitting a negotiation instrument while it is defined as the role of submission in international documents and English Law. Transfer of a document is considered as the intention to declare the will, or a declaration of the will along with the complementary and final signature.
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