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Copyright of Journal of Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi is the property of Ankara Haci Bayram Veli Universitesi Hukuk Fakultesi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Technological advancement has been adopted in the banking sector through the use of ATM and ATM cards issued by banks to ease saving and withdrawal of money by customers. Once a customer’s account is liquid, the insertion of an ATM card in an ATM and following the procedure, should lead to cash dispensation. However, there are instances where a customer’s account is debited but the money is not dispensed. This is an ATM debit-without-dispensing quagmire. Recently, the Nigerian Court of Appeal in Jwan v. Ecobank & Anor held that an ATM card is akin to a cheque, where it is inserted into an ATM by a customer whose account is funded, a debit-without-dispensing transaction equals to a dishonoured cheque which is breach of banker’s duty to the customer. This conclusion was reached based on the doctrine of res ipsa loquitur. This paper adopts doctrinal method in examining the propriety of making an ATM card akin to a cheque. It attenuates the nuances of the decision with particular reference to the ambit of banker’s duty of care. It seeks to evaluate whether the decision took cognisance of the vagaries of technological glitches in technology driven transaction like the ATM. It discusses the impact of the decision on Nigeria’s banker-customer jurisprudence. It makes vital recommendations as way-forward. [ABSTRACT FROM AUTHOR]

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Technological advances are currently proliferating; financial technology is no exception. The development of financial technology has led to changes in payment system innovation from a cash payment system to a non-cash payment system. This research aims to determine how non-cash payment transactions influence the economic growth of five ASEAN countries. The economic growth variable in this study is calculated through the growth of real GDP published by the World Bank (WDI). The variable of noncash payments in this study is assumed to be through the growth of the transaction value of debit cards, credit cards, e-money, and cheques issued by the Bank International of Settlement (BIS). This study utilizes secondary data in panel data, cross-section data (5 ASEAN countries), and time series data (2012 - 2019). The analysis is carried out using the panel data regression method. This research found that the growth in the value of non-cash payment transactions in the form of debit cards and e-money has proven to encourage economic growth in these countries. Meanwhile, credit card and cheque payments had no impact on economic growth. This is because debit cards provide direct access to consumers' funds, making it easier for the public to consume goods and contributing to economic growth. E-money, an electronic payment instrument, has offered benefits as an alternative payment, particularly for micro and retail purchases. Through the use of e-money, the government's income can increase from the increasing number of customers who have used e-money payments, which can encourage economic growth. [ABSTRACT FROM AUTHOR]

The increasing development of internal and international trade and commercial transactions, the need for speed and ease of commercial transactions, the important role of capital circulation, and the volume of exchanges in the economy of each country require the prediction of the tools needed in this field, which at the same time keep pace with developments, based on the needs of the market, ensure the fulfillment of obligations. Undoubtedly, a cheque, as one of the most common payment methods in internal business transactions, has a special and practical role in economic relations. Despite having many advantages, this document, as an alternative to bank notes, has some disadvantages, the most important of which is the worry of non-receipt of the cheque by the holder who has taken a piece of paper in exchange for the price, which he does not know if it can be receivable or not? because this document is dependent on the issuer's credit and has no inherent value in itself, as a result, no other support to receive is conceivable except credit and trust in the issuer. Despite the provision of a guarantee of multiple implementation guarantees and even the provision of criminal penalties for issuing bounced cheques, the position of this popular document in business relations has not been established for years. Cheque, as one of the important means of payment in domestic trade, has a significant contribution to commercial activities, and if it is designed for the use of this useful tool and is provided to the activists of this field, it can be effective in achieving macroeconomic goals. But let's not forget that a cheque is only a means of payment and it cannot be considered as a payment, and therefore there is always a concern for the person who received this document and lost money in return, that if the document leads to payment If not, how and by what implementation guarantee can he claim his rights. The effects of bounced cheques, such as the density of court cases, the increase in the number of cheque prisoners, and the decrease in the validity of cheques to economic actors, which ultimately imposes a significant cost on society, have been from the very beginning of the appearance of cheques in the Iran laws, In the year 1925 and then in the current commercial law approved in 1932, has encouraged the legislator to especially support this commercial document by developing special rules and regulations, so that it can be used as an efficient payment tool. In Iran's legal system, the various sanction guarantees foreseen for bounced cheques have a long history with the establishment of commercial laws. Only one year after establishing the current Trade Act and assigning 8 articles to cheques, the Iranian legislature approved the first sanction guarantee with a criminal approach in 1932 by adding repeated Article 238 to the criminal law. The legislator's idea of predicting the punishment for the issuer of the cheque was carried out in line with the crediting of the cheque, so that while encouraging the economic activists to use this document, their concern about the possibility of non-payment will be reduced and the trust of the people will not be taken away. However, in practice, the chosen way for the legislator to raise confidence by adopting the guarantee of criminal execution could not stop or reduce the upward trend of issuing bad cheques. Later, this approach was adopted by guaranteeing various and sometimes unique performances for this popular normal document, so that some of these privileges are not even provided for the official document. The last act of the legislator in the direction of increasing the validity of the cheque is the amendment law of 2017, which consequently made changes to the regulations governing the cheque, the most important of which is the guarantee of bank execution. This new implementation guarantee includes a set of protective and punitive measures that are applied by the legislator without the need for a judicial order on the part of institutions providing financial and credit services. It is worth noting that before the enactment of the above-mentioned amendment law, the bank had no legal obligation for a bounced cheque other than issuing a certificate of non-payment, and the cheque holder had no hope of the bank's cooperation to fulfill his rights. Whereas, according to the guarantee of implementation stipulated in the amendment law of 2017, the most important duty of banks and financial institutions is to receive unpaid cheques for the benefit of the holder. In my opinion, the most important sanction guarantee that the legislator could have established for crediting this document since the birth of the cheque is the bank implementation guarantee. The official statistics published by the competent authorities indicate a significant decrease in the issuance of bounced cheques after the implementation of the aforementioned law, but this method has disadvantages and problems that must be corrected. In this article, an attempt has been made to provide a legal and economic analysis of this unique performance guarantee. [ABSTRACT FROM AUTHOR]

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance is dishonored. In fact, the question is whether the issuance and delivery of such instruments convert a civil law obligation into an obligation arising from the issuance of negotiable instruments or whether it is possible to rely upon the original obligation with all its guarantees and consequences. The statutes are silent on the matter. Scholars and jurisprudence are divided. This article comparatively examines various legal systems and international instruments like UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and by relying on the general principles enshrined in Article 3 of the Code of Civil Procedure, concludes that the better approach is the one that subscribes to the survival of the original obligations. It is hoped that this comparative study can set a model for our future legislative initiatives.

Cheques for which there are insufficient funds in the underlying bank account, or commonly known as “dishonoured” cheques, are one of the biggest problems for the use of cheques in Turkey. The latest action taken by the lawmaker with a view to combatting dishonoured cheques is the introduction of QR codes to cheques. The use of modern technology to prevent dishonoured cheques on the one hand increases the trust in cheques and reduces the risk of cheques not being honoured by the bank, but on the other hand it also raises the issue of data protection due to the disclosure of cheque account owners’ or drawers’ personal data to third parties. By scanning the QR codes on cheques, a lot of information that may be regarded as the personal data and/or trade secrets of cheque account owners or drawers is disclosed to cheque holders without their consent, thus is deprived of confidentiality or any other legal protection that it might have otherwise enjoyed on the grounds of personal data and trade secrets. This article analyses the use of QR codes in cheques in the light of the explicit consent requirement, general principles relating to the processing of personal data and disclosure of personal data to third parties under the Act on the Protection of Personal Data no: 6698. [ABSTRACT FROM AUTHOR]

The article is devoted to the replacement of brake pads at railway infrastructure car maintenance facilities. This article studies the problem of replacing friction pads in passenger cars, when the checks jam under the influence of external dynamic and temperature factors during operation. According to the standard technology the replacement of the defective pad is carried out with the use of manual devices, which does not meet modern requirements. A new screw puller for replacing the brake pads of wagons is proposed. The screw pair is calculated and its rational parameters are specified.

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista CIENCIA UNEMI is the property of Universidad Estatal de Milagro (UNEMI) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In economic and commercial interactions, commercial instruments play a strategic and facilitating role between the parties to the transaction.The purpose of this article is to review, explain and analyze the legal nature of guaranty in terms of "transfer of obligation to obligation" and "add obligation to obligation" in jurisprudence, Geneva Convention and the Law of Other Countries, Civil Law and Commercial Law of Iran. The terms of the guarantee and the manner of intervention of the guarantor and the effects of the guarantee should known according to its status in the commercial documents. However, the interference and guarantee of the guarantor in commercial documents is not limited to the guarantee in the subject of Articles 237 and 238 of the Iranian Commercial Code. The research is of a qualitative type of content analysis, interpretiveness and hermeneutics, which guided by two research questions. The statistical population of the research formed by first-hand library resources.According to the findings of the survey, the legal intervention of the guarantor in you, which provided only in the mentioned articles in the promissory note and check according to Articles 309 and 314 of the Commercial Code, which refer to the rules governing you.They are not applicable by legal interference and guarantee of the guarantor, as a result of Articles 237 and 238 of the Commercial Code can not be enforced in promissory notes and cheques, and in this regard intervention and guarantee with origin. The law is different from the guarantor contract guarantee in commercial documents.

Due to the identical personal structure, the bill of exchange and the cheque have a common feature regarding the drawer's cover on a banking account which is administrated by the drawee. It seems that sufficiency of adequate funds, which should cover the drawer's order from these instruments, doesn't have any legal significance for the drawee and the acceptor. At first glance the position of drawee and acceptor is different because the drawee's obligation is also not derived from the bill of exchange; however, the acceptor has an obligation due to his acceptance of the drawer's order. However, at the stage of collection, drawee and acceptor have a similar position regarding financial cover by drawer's account. Regardless of whether there is financial coverage, the legal position of the drawee and acceptor remains unchanged, because their position could be changed only through their legally relevant will, manifested in the instrument as such.

Copyright of Istanbul Commerce University Journal of Social Sciences / İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi is the property of Istanbul Commerce University Journal of Social Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper discusses certain legal and accounting aspects of a cheque. Special attention is paid to the significant judgements that should to be made in deciding whether an endorsement (transfer) of a cheque meets the criteria for writing off financial assets set out in Accounting Standard 32, Financial Instruments. The paper provides practical examples and models for the accounting treatment of initial and subsequent measurements and writingoff of cheques. [ABSTRACT FROM AUTHOR]

Copyright of Annals of the Faculty of Law in Belgrade is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cahiers d'Études Africaines is the property of Editions EHESS and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The author reviews court rulings related to cheque counterfeiting. It is revealed that recognition of cheques as securities is a controversial and arguable issue. Particularly, the author presents the rationale for considering cheques as cash payment documents rather than securities.

In this paper the author explores legal aspects of countermanding cheques. The first part of the paper explains the notion, legal significance and legal nature of stopping payment of cheques. The second part of the paper deals with the right to countermand payment of cheques and the requirements for exercising this right. In this respect, the author analyses effects of an expired deadline for cheque presentation, executed payment by the drawee bank, as well as the duty of the drawee bank to pay the cheque towards its holder, on the drawer's right to stop payment. There-after, the main characteristics of a countermand instruction are explained, with regard to: the persons authorised to give and receive this instruction, its form, contents and legal effects. The next part of the paper explains the comparative legal practice of limiting the period in which countermand of a cheque remains effective and explores its suitability for the Serbian law. Finally, the last part of the paper contains an in depth analysis of legal consequences in case of an effective stop payment order, especially in connection to the rights and obligations of the drawee bank.

According to the Court of Cassation 11th Civil Circuit decision dated 15.03.2017, numbered 1304/1532, the drawee is not liable to pay the "statutory guarantee amount" prescribed in the Cheque Act, if the payment of the cheque is refused due to a seizure, pledge or freeze of the cheque account or due to a non-payment order of the court. There is no difference between the situation in which the refusal of the payment is based on the insufficient cover and the situation in which the non-payment due to the pledge or seizure of the cheque account, despite the sufficient funds. Therefore, in both situations, the legal consequences of the "uncovered cheque" shall be applied and the drawee shall be liable to the holder for the payment of the "statutory guarantee amount." If the reason of the non-payment is an interim injunction, then the liability of the drawee from the statutory guarantee should be considered case by case, in respect to the reason of the injunction order. [ABSTRACT FROM AUTHOR]

The Cheque is regulated by two separate acts in Turkish Law. The first of those acts is the Turkish Commercial Code numbered 6102 (TCC) which has in line provisions with the Convention Providing A Uniform Law for Cheques (CPULFC/1960). The other act is the Cheque Act (CA) numbered 5941. While the provisions of the TCC protects the drawer of Cheque, the provisions of the Cheque Act were codified in order to protect the Cheque holders and public order. Six essential elements are considered mandatory for cheques in CPULFCN. These mandatory elements are recognized in Cheque Act however, two additional elements that are not compatible with the CPULFCN have been added to the Cheque Act. The first of these additions is the obligatory use of serial number (TCC art. 780, sub. art. 1-g) and (data matrix) (TCC art. 780, sub. art. 1-h) which are added to the validity elements of the Cheque. The other addition is the instruments that do not affect the validity of the Cheque but, are required to be written. With those elements on cheque is loaded with functions such as "contribution measures to record a unrecorded economy" "prevention tax loss", "prevention of financing of terrorism" and "preventing of Money laundering". Thus, Cheque is differented from CPULFCN and TCC by adding extra essential elements. As a result, Cheques have been converted into a payment instrument peculiar to the Republic of Turkey with the provisions of the Cheque Law No. 5941. [ABSTRACT FROM AUTHOR]

Copyright of Jurídicas CUC is the property of Corporacion Universidad de la Costa, CUC and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de la Historia de la Economía y de la Empresa is the property of BBVA Historical Archive and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de la Historia de la Economía y de la Empresa is the property of BBVA Historical Archive and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)