Repudiation to E-Check in light of the amendments to the Check Code in 2018

Document Type : Original Article

Authors

1 Faculty of Law and Political Science, Tehran, Iran

2 Jurisprudence and the Islamic Law Group, humanities faculty, Shahrekord university. Shahrekord. Iran

10.29252/jlr.2022.220933.1867

Abstract

Repudiation to E-Checks in the Light of the Amendments to the Check Code (2018)
Abbas KARIMI (Professor of Law, University of Tehran)
Amin GHASEMPOUR (Ph.D. Candidate in Private Law, University of Tehran)
Sajjad SHAHBAZ GHAHFARROKHI (Assistant Professor of Law, University of Shahrekord)
Abstract
According to Article 15 of the Electronic Commerce Code of Iran (2003) repudiation of the Secure Data Message is not heard and on the other hand, upon the attached Note to Article 1 of Check Code (2018) “The regulations and statutes concerning the Check, as per the case, is required about checks issued in data form too”. Also, we know that one of the formal defenses against unofficial documents, including checks, is repudiation. Accordingly, and given that technically and routinely, issuing an electronic check requires an "electronic signature certificate" to authenticate the issuer, and while these requirements, in the final analysis, give the "reliable" description to the check data message the question arises whether it is possible to deny a check issued in the form of "secure" message data. In other words, what is the duty in the conflict between these two legal propositions? The authors have analyzed the discussion by the descriptive-analytical method after examining the principles of the supplementary note, carefully in the same provisions in other electronic documents in domestic and foreign law, and have concluded for each of its branches.

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History

  • Receive Date: 08 March 2021
  • Revise Date: 11 December 2021
  • Accept Date: 06 March 2022

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