Volume 1, Issue 6 (9-2017)                   Iranian Journal of Educational Sociology 2017, 1(6): 154-160 | Back to browse issues page

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Mojtahed Soleimani A, Jalaei A, Mohammadi Nia O. Legal and economic analysis of preventive remedy in draft of revision check cod and its impact on social relationships . Iranian Journal of Educational Sociology. 2017; 1 (6) :154-160
URL: http://iase-idje.ir/article-1-362-en.html
1- Asistant Professor of Private Law, Kharazmi University, Faculty of Law and Political Science, Tehran, Iran.
2- Professor of Economics, Faculty of Management and Economics, Shahid Bahonar University of Kerman, Kerman, Iran.
3- Student of jurisprudence and private law, Kharazmi University, Tehran, Iran.
Abstract:   (896 Views)
Purpose: According to statistic research, more than ninety percent of payment of debt and transferring banking resources was done with check. So, providing its executive security is undeniable necessity. For this reason, legislators enacted draft that whose title is draft of revision check cod. Methodology: The present research is applied in terms of purpose and content analysis method. In the organization of research, the documentary and library methods have been used and the information analysis has been obtained qualitatively and based on the inference of the researcher on the sources and texts. Findings: Accordingly, writers with legal and economic approach and with research of its efficiency and improving its defects goal want to answer to two question. The first question is what point was ignored in past cods until legislators decide to amend it? And second question is, is draft come back efficiency to legal system by improving last defects? Conclusion: In answer should tell: the important of previous rules is neglecting of remedy’s capacity. why so, legislators help to promise after breach of contract in previous rules while in this draft they focus to preventive remedy and try to increase efficiency of check by revealing of information. this subject based on credit feature of obligating and prohibition deal with hight risk and delete removing failure market.
Full-Text [PDF 208 kb]   (428 Downloads)    
Type of Study: Research | Subject: Special
Received: 2019/02/2 | Accepted: 2019/02/2 | Published: 2019/02/2

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