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Check Law and Check Payment Delay Damages

Journal: International Journal of Nations Research (Vol.8, No. 87)

Publication Date:

Authors : ;

Page : 97-127

Keywords : Check; Late Payment; Damage; Criminal Proceedings; Final Judgment;

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Abstract

The purpose of this article is to study and examine checks and check payment delay damage using analytical-descriptive method and based on library study. The method of collecting information is a documentary and library method that is collected through books, articles, reports of seminars and international meetings in Iran and abroad, related websites, etc. be Therefore, the main question of the upcoming article is what are the general rules governing check payment delay in Iranian law? In response to this question, it should be stated that check payment delay is not much different from payment delay damage in general, therefore it follows the same rules that payment delay damage is subject to as a civil matter. According to the findings, Article (12) of the Check Issuance Law allows the issuer of the check to pay the principal amount of the check and the damages for the delay in its payment during criminal proceedings and even after the issuance of a final verdict. Providing the means to pay them, depending on the case, will cause the trial to be suspended or the execution of the judgment to be suspended. The appearance of the mentioned legal article creates the image that in order to suspend the criminal proceedings or to suspend the execution of the final judgment, it is necessary to pay the damages for the delay in payment along with the principal amount of the check, regardless of whether the holder of the check pays the damages for the delay in payment in compliance with the provisions of the Civil Procedure Code. has demanded or not.

Last modified: 2023-06-15 18:37:25