Jurisprudence

Jurisprudence

Limitation of Action for Check Claims in Judicial Procedure

Document Type : Original Article

Author
Judge, PhD in Private Law, Islamic Azad University (Sirjan), Sirjan, Iran
Abstract
The limitation of action is the period of time after which the case is not heard in the courts on the condition that the respondent objects. The limitation of action can be considered generally in commercial law, because it has been predicted in most commercial lawsuits and issues. There is no serious doubt about the existence of commercial limitation of action and its reliance, unlike civil limitation of action; most jurists emphasize the existence and reliance on commercial limitation of action. According to Article 314 of the Commercial Law of 1932, the issuance of a Check is not considered a commercial act in any case, but the limitation of action for commercial lawsuits according to Article 318 of the same law, also includes a Check. However, the scope of the passage of time mentioned in the case of a Check and the ability to rely on it is one of the challenging issues in the judicial procedure. This research examines the foundations of commercial limitation of action and examines the reliance of the limitation of action in the case of a Check claim in the judicial procedure and is based on the assumption that the limitation of action of commercial claims is valid and can be relied upon, and in the case of a Check, it has been accepted in the judicial procedure with some restrictions and conditions.
Keywords
Subjects

Volume 1, Issue 2 - Serial Number 2
September 2025
Pages 75-91

  • Receive Date 04 April 2025
  • Revise Date 28 July 2025
  • Accept Date 26 July 2025