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The Journal of Applied Science University
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Volumes > Vol. 05 > No. 1

 
   

A Security Check between Protection and Divestment in Bahraini Legislation and Judiciary and some Arab Legislation

PP: 75-88
doi:10.18576/jasu/050108
Author(s)
Emad Mohamed Amin Elsayed Ramadan,
Abstract
The check as a commercial card is of great importance in the commercial and non-commercial circles for a great benefit. It avoids the risk of carrying money, and it is easier in daily transactions, despite the emergence of the electronic alternative to withdrawal or deposit of money as credit cards of various kinds. The original is that the check originated mainly for the fulfillment and means that it is worth paying as soon as the drawee is aware of it and does not stop paying it to another matter. Otherwise, all its components have been lost as a check and treated as a commercial paper. The Bahraini legislation and other Arab legislations also protect not only civil but also criminal protection in support of trust. Such as this paper of the seriousness of the deal between individuals, but the establishment of a common among the checkers use it as a means to ensure obligations outside the scope of the check, whether civil or commercial, which means the check-out of the function for which the lawmaker to protect them criminal, and strange that the matter Ra does not know the guarantee check, but only check loyalty, but the judiciary in Bahrain or some Arab countries do not differentiate between them in the protection, both civil and criminal and that both achieve the obligation to fulfill the obligation of sight, and therefore if the check for security and advance the bank to meet him and found that there is no With an existing and retractable balance, the drawer has the right to issue a check with no balance, in other words regardless of the reasons that led the drawer to withdraw. In spite of this, the Bahraini judiciary and the UAE judiciary issued some judgments that took into account the duaf, for which the checker released the check and recognized here the check of the guarantee, thus depriving him of criminal protection and not equal to the check of loyalty. I see that the check here turns into a civil paper the drawer did not withdraw when the check was drawn to the existence of an outstanding balance and was withdrawable but was in order to guarantee obligations outside the scope of the check.

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