A Justification for the Principle of Inopposablity of Exceptions in Cambiail Law in Jurisprudential Approach

Document Type : Original Article

Authors

1 Islamic Azad University , Sciences And Research , Tehran Branch , Iran

2 Ph.D. Assistant Prof. Of Law , Law Group, Faculty of Law , Islamic Azad University , Sciences And Research , Tehran Branch , Iran

10.22034/ijrj.2020.1883485.2728

Abstract

Unlike legal system that consider the transfer of debt to be absolutely independent of of influence of cause and even if it proves null or void, it recognizes in accordance with the general rules of Islamic jurisprudence and civil law, It is considered to be one of the pillars of any legal action, and such a transfer is, as a matter of fact, absolutely influenced by the original relationship.In the relationship between the hands entered in negotiable instrument, there is an important deviation, from the general mentioned rule, and that is: when the negotiable instrument is circulated after its signature and submission to the first holder by indorsment, there is not heared the objections of invalidation or inexistence of original relationship by previous hands. This concept of negotiable instruments law - called " the principle of Inopposablity of Exceptions in Cambiail law"- because of appearance of a cleare conflict with established jurisprudential rules and traditional laws and recognizes cruelty and invalidity as the origin of the right, It is unacceptable for a person bound by jurisprudential principles but to consider institutions in which the lawmaker has appointed persons to be trustworthy to appearance or merely because they have genuine confidence in the emergence of the rightful owner, on the one hand, and the precision of the jurisprudential institutions that make individuals responsible for damages caused on the other, obliges them to compensate, on the other hand, indicate that the mentioned principle, jurisprudentially is justifiable.

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