Title of article :
Legal and economic analysis of preventive remedy in draft of revision check cod and its impact on social relationships
Author/Authors :
Mojtahed Soleimani, Abolhassan Faculty of Law and Political Science - Kharazmi University, Tehran , Jalaei, Abdulmajid Faculty of Management and Economics - Shahid Bahonar University of Kerman, Kerman , Mohammadi Nia, Omid Faculty of Law and Political Science - Kharazmi University, Tehran
Abstract :
Purpose: According to statistic research, more than ninety
percent of payment of debt and transferring banking resources was
done with check. So, providing its executive security is undeniable
necessity. For this reason, legislators enacted draft that whose title is
draft of revision check cod. Methodology: The present research is
applied in terms of purpose and content analysis method. In the
organization of research, the documentary and library methods have
been used and the information analysis has been obtained qualitatively
and based on the inference of the researcher on the sources and texts.
Findings: Accordingly, writers with legal and economic approach
and with research of its efficiency and improving its defects goal want
to answer to two question. The first question is what point was
ignored in past cods until legislators decide to amend it? and second
question is, is draft come back efficiency to legal system by
improving last defects? Conclusion: In answer should tell: the
important of previous rules is neglecting of remedy’s capacity. Why
so, legislators help to promise after breach of contract in previous
rules while in this draft they focus to preventive remedy and try to
increase efficiency of check by revealing of information. this subject
based on credit feature of obligating and prohibition deal with height
risk and delete removing failure market.
Keywords :
Check , Economic analysis legal analysis , Instrument payment , Remedy