|
A Re-examining the Feassibility of Multiplicity of Private Law with an Emphasis on the Negotiable Instruments Law
|
Ahmed Esfandiari    |
| Assistant Professor, Department of Private Law, Sari Branch, Islamic Azad University, Sari, Iran. (Corresponding Author) |
|
|
Abstract: (355 Views) |
Background and Aim: One of the issues raised by lawyers is whether the private law branch has one civil law field or two fields of civil law and commercial law? In response to the above question, two views of the absolute unity of private law and the absolute multiplicity of it can be deduced.
Materials and Methods: The research method in this article was descriptive-analytical.
Ethical Considerations All ethical principles have been followed in writing this article.
Findings: Although according to the views of supporters of the absolute unity of private law, the field of civil law includes all the rules related to private relationships between people, including all civil and commercial relations such as sale, rent, loan, inheritance, contract law, ownership, agency, loan, companies, bill of lading, negotiable instruments, etc., existence of institutions such as comision, commercial companies, general assemblies, bankruptcy, board of creditors, amicable agreement, credit restitution and so on expresses the independence of commercial law against civil law.
Conclusion: Since in the commercial act, the bill of amend a part of the commercial act, the issuing check act and other legal provisions on the principles of civil law, exceptions have been made that make the acceptance of field of commercial law alongside the field of civil law in private law branch a undeniable fact, the need to refer to civil law to find a solution to the silent cases in the commercial law, including the basic conditions of commercial transactions, the independence of commercial law, is relative. |
Article number: 1 |
| Keywords: : Negotiable Instruments, Multiplicity, Private Law, Commercial Law, Civil Law, Relative, Unity. |
|
|
Full-Text [PDF 647 kb]
(182 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2024/09/15 | Revised: 2025/03/25 | Accepted: 2024/11/23 | Published: 2024/12/21
|
|
|
|
|
|
|
| Send email to the article author |
|
|
|
| Add your comments about this article |
|
|
|
.png)
