Bank duties in lieu of account owner and cheque owner and its sanctions

Abasat Pour Mohammad, Mehdi Abdollahi, Hoshang Mola Gholizadeh

Resumo


Bank duties in lieu of the cheque issuer are:  non-payment of fund of the cheque in the written order of account owner, sending the second copy of the certificate of non-payment to the latest address of the account owner available at bank. Duties that a bank has in lieu of the cheque owner are : issuing non-payment certificate of cheque fund, non-payment of fund in the case of presenting  written order of cheque owner, payment of fund of the in the case of requesting by the cheque owner, (if the bank balance is less than the fund on the cheque). These duties include disciplinary civil and penal guarantee, bank employee may excess the legal limitations in doing his law duties and commit actions that are known as crime in Islamic penal code, checking the crimes in public courts and it is done on the basis of criminal procedure, in the case that bank employee pay the cheque amount without corresponding the signature of the cheque issuer to the existing sample signature in bank or without noticing the order of  non-payment ., it has civil responsibility, and the damage must be compensated . Bank employees are responsible to regard the bank inner regulations in addition to regarding the common laws of the country and breaking these regulations creates disciplinary responsibility for them.


Palavras-chave


Bank. Current Account Opening. Obtaining Customer Identity By Bank. Closing Current Account Of The Cheque Issuer. Fair Respite. Issuing Non-Payment Bill.

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DOI: http://dx.doi.org/10.18468/estcien.2017v7n1.p21-31

Direitos autorais 2017 Estação Científica (UNIFAP)

Licença Creative Commons
Este obra está licenciado com uma Licença Creative Commons Atribuição 4.0 Internacional.