الاوراق التجارية و طرق تنفيذها وفقاً لقانون التنفيذ الفلسطيني لعام 2005
اسراء يوسف احدوش
Israa Yousef Ihdoosh
Perhaps the issue of implementing commercial papers in Palestine is one of the most sensitive issues due to its reliance on the Palestinian implementation law - as one of the modern laws issued in 2005 - and on the Jordanian commercial law - somewhat old - at the same time, and this is what caused the creation of a complex objective and procedural framework for some The thing to implement commercial paper as the most important types of executive customary bond. Accordingly, this study examines the methods of implementing commercial papers in accordance with the Palestinian implementation law, the requirements for its implementation, the procedures for this implementation in the event of non-fulfilment, and the possible solutions in this situation, using the comparative analytical descriptive approach. At the conclusion of this study, the researcher reached a set of results, the most important of which are: The requirement for the execution of the check as a commercial paper to be issued by a complete will free from defects of consent that may be tainted. Military orders No. (890, 889) also modified the description of the check as a commercial paper from considering it due for payment upon sight, but it is due according to the date indicated on it. In addition, the legislator limited the right to request precautionary seizure under a commercial paper to the debtor's movables, not his real estate. It is also stipulated in the implementation of the commercial paper that it should not be outside the long civil statute of limitations, which is fifteen years. In addition, the debtor may deny the debt in the paper through a claim preventing the claim, claiming the forgery of the commercial paper if it is official, and denying the signature, seal or fingerprint if the commercial paper is customary. Within the framework of these results, the researcher recommended a set of recommendations, the most important of which are: The need to reconsider the text of Article 41 of the Palestinian Execution Law, by allowing the imposition of precautionary ح seizure on movable and immovable funds alike. As well as the necessity for the Palestinian legislator to stipulate that the judge may grant the debtor of a civil debt a judicial period to fulfill his obligations, under certain conditions, the most important of which are the approval of the creditor, the debtor’s distressed condition, and the creditor not inflicting any serious harm. In addition, the Palestinian legislator should have followed the same path as the Jordanian legislator in terms of granting the execution judge the authority to appoint experts, because executive cases often need to resort to experts and expertise. Likewise, the Palestinian legislator in the implementation law must follow the same path as the Jordanian legislator by emphasizing that it is not permissible to imprison the insolvent debtor, including cases of commercial papers.