The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Effects and remedies of non-compliance with promissory note to its signatories

Document Type : Research/Original/Regular Article

Authors
1 Nuclear Science and Technology Research Institute
2 Shahid Beheshti
Abstract
The multitude of claims arising from commercial documents on the one hand, and inefficient and dysfunctional laws, on the other hand, requires an analysis of examples and issues to provide efficient interpretations of existing laws, the business and economic needs of the society and the principles of a special hearing which will also be determined by cases of commercial documents. As a widely useful business document, promissory note has caused a number of issues such as the protocols of the arrangement, legal deadlines and demand regulations which had been considered by the legislator. In addition, there are some remedies for the negligence of these protocols and formalities. The negligence from each of the signatories, including the endorser and guarantor will have different performances, and it is necessary to survey each of these cases individually and independently. Different viewpoints and numerous views in most of these cases, arising from the silence or defect of the existing laws would lead to the inconsistency of judicial sentences and the unpredictable ending of the cases. Therefore it will consequently, cause the confusion of companions. It is necessary to survey the existing viewpoints in detail to find the best theory by considering the reasoning foundations so that a unit opinion would be selected and the regulations will be amended in the future. This article is an attempt in this regard, and it has been attempted to survey the advisory opinions of the General Directorate of Law, the votes of the courts and the Supreme Court of I.R.Iran, as well as the topics and studies of the legal doctrine of different viewpoints to find the logic of each thought and discuss the reasons of validity for each one.
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Volume 31, Issue 114
Spring 2026
Pages 53-79

  • Receive Date 20 October 2025
  • Revise Date 01 December 2025
  • Accept Date 27 November 2025