Book Conflict Of Laws In The International Bill Of Exchange

Book Description

The commercial legislator designated a great part of the codes the commercial papers regarding the clauses of the commercial laws due to the importance of these papers in the commercial field and to maintain its legal value, and since the " bill of exchange " contains most of the provisions of the commercial papers which the special laws referred to and\or the laws regulat The commercial legislator designated a great part of the codes the commercial papers regarding the clauses of the commercial laws due to the importance of these papers in the commercial field and to maintain its legal value, and since the " bill of exchange " contains most of the provisions of the commercial papers which the special laws referred to and\or the laws regulating the commercial work in regards to the internal aspect, but it was inaccurate in the conflict of laws.
The bill of exchange, still it remained far beyond actual implementation in many countries, moreover it lacked solution cases and no improvements were included to develop it. The commercial papers played and still play a significant role in various commercial activities. In fact, it is widely used in the field of commercial relations out of its practical benefits contracts` execution, debt payment and credit’s promotion. Due to the increasing role of these papers and the multiple legislative rules that have been set out in different legal regulations devoted to it which resulted in the conflict of the laws that should be applied. The necessity to unite the applicable rules on commercial papers was the essential factor in dealing with those papers that have been concluded in the first half of this century by selting up Geneva Convention in 1930. To present these issues, I have introduced for the commercial papers` nature, definition, characteristics, functions, types, and relations that would result from it, this was followed by discussing international efforts to unite the rules of commercial papers, to be committed with the plane of Geneva agreement which has been confired with laying down special rules for setting the controversy of the laws regarding bill of exchange from among other commercial papers, the issues of the desertion have emphasized the special rules of this commercial paper.
In the introductory chapter, I mentioned the definition of the principle of the bill of exchange and whether it can be valid in cases of the conflict, in addition to the legal date and the theories capable of explaining the commercial papers amidst the differences that appeared in the laws such as the proposed Palestinian Commercial law.
In the first chapter, I discussed the law that should be implemented on the formalities side and objective conditions for the bill of exchange amidst the different laws, which were discussed in most of the laws.
As for the second chapter, contradictions appeared in the commercial papers when the commercial laws failed to resolve the conflict.
In the third chapter, I discussed the liability payments on the debtors according to the Bill of Exchange.
Finally, I hope that my research will be as guidelines to Palestinian legislator while preparing the commercial law, without laws duplicating.

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