Exceptions to the Principle of Inadmissibility of Objections against the Holder in Good Faith

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Farzadimehr Sara; Mohammadhosseini Shapoor; Haghighi Mohammadreza

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Journal: Legal Civilization Year:2024 | Volume: | Issue: Page(s): 263-278

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Information Journal Paper

Title

Exceptions to the Principle of Inadmissibility of Objections against the Holder in Good Faith

Author(s)

Farzadimehr Sara | Mohammadhosseini Shapoor | Haghighi Mohammadreza | Issue Writer Certificate

Keywords

ExceptionsQ4

ObjectionsQ4

the Principle of Inadmissibility of ObjectionsQ4

Holder in Good FaithQ4

Abstract

The principle that Objections cannot be cited is one of the important issues in commercial law. In all contracts and documents, there are provisions to prevent harm to the parties, the principle of consent of the parties, eligibility, correctness of the contract, whether the contract is necessary or permissible, etc. are among the principles that have been established to improve relations and determine the rights and duties of the parties. It is possible that the principle of inadmissibility of defects in commercial documents may cause the rights and harm to one of the parties to be ignored,for this reason, Exceptions have been introduced concerning this principle. These Exceptions do not affect the abstract description of the document and do not harm it,however, they can limit the extent of the implementation of the principle to some extent,various opinions have been expressed in this regard. In this research, a descriptive and analytical method has been used. It was concluded that the original Exceptions were established in order to protect and prevent harm to the parties, and these Exceptions include reluctance, incompetence, Objections between immediate parties, holders with bad faith, formal and substantive Objections to the document, Objections to the criminal acquisition of the document, etc.

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