Formalism In Commercial Papers

Abstract

This study aimed to clarify the legal implications of the check when it is empty of all or some of the mandatory formal conditions, and to indicate the optional conditions that may be included in the check  . The optional conditions that may not be included in the check because they are inconsistent with its nature . The researcher concluded that the Jordanian legislator and the  Iraqi legislator referred to the mandatory data in the check as an exclusive and not an example, by stipulating it in Article (137) of the Iraqi Trade Law and Article (228) of the Jordanian Trade Law. In particular, where the legislator arranged the invalidity of the check that is empty from the date of its creation. However, the check may include optional data that does not contradict  with its nature and does not violate any of the peremptory rules or public order and public morals, and finally the researcher recommends the necessity to organize the optional data and indicate its importance, which does not conflict with the nature and essence of the check as is the case with the mandatory data, and not only referring to other articles provisions.