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An-Najah University Journal for Research - B (Humanities)

DOI

10.35552/0247.39.5.2354

Abstract

The study deals with the rule of defenses that are not "cleansed" by endorsement in a check and the scope of its application in law and jurisprudence. According to the rule, the rule of purifying defenses stems from the principle of independence of signatures, such that each signature on a check is independent of the other, meaning that the obligation signed by virtue of this signature has no relation to the other signatures on the check. For example, if the drawer’s obligation is invalid for any reason, this invalidity does not extend to the holder who did not intend to harm the debtor, but rather its effect is limited to the drawer and the beneficiary only. objectives: The aim of this study is to clarify the effects of ownership-transferring endorsement of a check, supported by recent court rulings and scholarly opinions on each matter. This is particularly relevant to numerous cases pending before the courts, highlighting the significant need for clarity. Methodology: The study employs an analytical, inductive, and descriptive approach, analyzing and describing legal texts, in addition to using a comparative methodology. Results: This rule in law and jurisprudence was not taken broadly; the legislator and jurisprudence have provided exceptions to this rule, if the debtor may adhere to some defenses against the bearer of the check if he intended to harm the debtor when receiving the check from the endorser, and the debtor also has the right to adhere to some defenses against the bearer of the check even if he did not intend to harm the debtor. Recommendations: We call on Jordanian law to amend Article (147) of the Jordanian Commercial Law. We also call on Jordanian law to amend Article (249/2) of the law, to include the rest of the other acts.

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