The Drawer's Objection to the Payment of the Value of the Cheque

Abstract

The circulation of the chequeamong individuals in their daily transactions, as a fulfillment tool that takes the place of money, has led to the need of Palestinian legislators. It also regulated the provisions related to the cheque, and the importance of the opposition in fulfilling the value of the chequewas of great importance that prompted the two researchers to research this topic.

To find out the cases in which the drawer may object to the drawee to pay the value of the cheque, the two researchers followed the analytical method to analyze the texts contained in the law to derive the will of the legislator that it adopted.  And we came to the conclusion that the legislator has limited the cases of opposition to the payment of the value of the cheque, to three cases that were mentioned by way of example, not by example, which is the case of loss of the cheque, bankruptcy of the bearer and interdiction. The value of the cheque, Especially since the drawer, after issuing the chequeand handing it over to the holder, the right contained in it is transferred to the holder according to the text of the law. Therefore, the researchers recommended the importance of identifying the stakeholder in presenting the opposition.