DROIT IRANIEN LIS532 du 9/8/06 compétence sur chèques impayés

La Cour suprême fixe la compétence juridictionnelle rationne loci en matière de chèques impayés.

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Official Gazette No.17875 dated July 11, 2006

The General Board of Judges of the Supreme Court issued a Judgement No.688 SUPREME COURT ON COMPLAINTS IN RESPECT OF DUD on June 13, 2006 regarding the competent court to hear claims regarding dud cheques as follows:

Considering that a cheque is not a commercial instrument, therefore, the claims regarding cheques, in respect of the competent court with which the plaint must be filed, shall not be subject to Article 314 of the Commercial Code (concerning bills of exchange). The said claims must, therefore, be filed according to Article 13 of the Law on Procedures of Public and Revolutionary Courts (in civil lawsuits).

Considering the above, a cheque must be regarded as an order of payment and is therefore governed by the provisions of Article 724 of the Civil Code that concern movable properties. The holder of a cheque may, therefore, file lawsuit and complaint with the court where the pertinent contract of sale or transaction was concluded, i.e. the place of issuance of the cheque, or the complaining party may refer to the court where the cheque was due to paid i.e. to the court within the jurisdiction of which the payee bank is situated. Also, considering a general rule that a plaint may be filed with the court within the jurisdiction of which the defendant has his domicile, the holder of the cheque may refer to the court at the place of domicile of the person who issued the dud cheque. The courts at the above three locations shall have jurisdiction to investigate and hear lawsuits in respect of dud cheques.

This present Judgement, according to Article 270 of the Procedure Code of Public and Revolutionary Courts (in criminal cases) shall be binding on all benches of the Supreme Court as well as the other courts.

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