نقش بانكها در پيشگيري از صدور چك بلامحل

Bankʹs Role in Preventing the Issue of Bad Cheques

Cheque, which has undoubtedly proved to be a useful instrument of payment, has, since its inclusion into the Iranian legislation, caused a certain number of difficulties which occur mainly because users who accept to be paid by cheque usually trust in the solvency of the drawer, beleiving that this has certainly been verified by the drawee bank while opening an accont for its customer (the drawer).In such a context, the main question to be examined is whether it would be appropriate to consider the drawee bank as liable vis-a-vis the holder of any dishonored cheque, if it is proved that, while opening a bank account for the drawer, the bank has not acted as prudently as it should have. With regard to this question two theories could be put forward: some may argue that the bank being a mere drawee of the instrument, as it is in the case of a bill of exchange, should not be held liable for the dishonor of the cheque, others may take the view that the bank should be held responsible of its customer (the drawer), and should be substituted to the latter in its obligation to honor the cheque vis-a-vis the holder.Though, a moderate view may be defended which stands between the above mentioned exaggeratory points of view. Such a view would be that the bank should be held responsible only to the extent that it has committed certain faults in selecting the customer and in delivering to him the chequebook by means of which the said customer has drawn a bad cheque. The object of this article is to verify whether this last point of view, which has been experimented in some European countries, is applicable in Iran as well. We know that the France, in the diminution of the number of bad cheques in recent years.