Exclusion or Limitation of Liability Clause in Commercial Documents

Restrictive conditions and non-responsibility are two groups of conditions that reduce contractual liability. The limitation of liability condition is a condition that leads to the reduction of the obligee's responsibility, and the non-responsibility condition is a condition by which the responsibility resulting from the non-performance of the contract or its delay is removed before the breach of the contract occurs and damages are found. One of the questions that arise regarding the responsibility in commercial documents is whether the authorities of a commercial document can, while signing it, stipulate in the text of the document to issue, accept, transfer or guarantee, cancel or limit their responsibility in its payment. And if there is such a condition, is the condition correct or invalid? It is assumed that if we consider Article (249) of the Commercial Law as one of the mandatory rules, the condition to the contrary is not correct. Because according to the general rule of law and the general rules of private law, articles related to financial discussions can be considered as supplementary rules and people can have agreements with each other contrary to that article, which, of course, considering international conventions, including Geneva. And UNCITRAL comes to the conclusion that if the main person responsible for the payment of the commercial document includes a good condition, this condition is invalid and not correct because it is not logical for the main person to make an obligation to pay and at the same time exempt himself from this obligation due to conditions.