French new obligations law in Arabic for Mohamed Hassan Qasim

Principles of commercial law Author: Mustafa Kamal Taha Classification: Traders Year of issuance: 2016 ISBN: 9786144018521 About the book: Commercial papers and bills Book details: Number of volumes: 1 Edition number: 3 Type of binding: Artistic Number of pages: 648 Size: 24×17 Type of paper: White Print colors: Black and white Content of the book: Part One: Commercial papers - Introduction 1- Definition of commercial papers and their characteristics A – Commercial papers are negotiable instruments B – Commercial papers represent a monetary right 2- Types of commercial papers A – Promissory note or draft or bill of exchange B – Non-negotiable instrument or order paper C – Check 3- Functions of commercial papers - Commercial papers as a tool for executing the exchange contract - Commercial papers as a tool for payment - Commercial papers as a tool for credit 4- Evolution of the law of exchange - Unification of exchange law 5- Research methodology First Chapter: The Bill of Exchange (Draft) - Our study of the bill of exchange is divided as follows: Section One: Creation of the bill of exchange First Subsection: Substantive conditions First Topic: Capacity to commit to the bill of exchange Second Topic: Authority to sign the bill of exchange - Surrender by agent - Surrender on behalf of others Third Topic: The subject matter and cause First Subsection: Formal conditions First Topic: Necessity of writing - Conditions of self-sufficiency Second Topic: Mandatory data - The words (Siftaja) or (Sandal Sihb) - Explicit authorization for payment - Amount of the bill - Name of the drawee - Due date - Place of payment - Name of the beneficiary - Date and place of drawing - Signature of the drawer - Penalty for omitting mandatory data or falsifying or altering it First: Omission - Invalid bill - Invalidity of the bill - Validity of the bill despite missing some data - Correction of the invalid bill Second: Simulacrum - Name image - Attribute image - Date image - Cause image Third: Alteration Third Topic: Optional data - Condition of receipt of value - Condition of payment at a chosen place - Condition of acceptance or reserve payment - Condition of notification or non-notification of the drawee Fourth Topic: Multiple copies and images - Multiple copies - Images Section Two: Negotiation of the bill - Endorsement and its types First Subsection: Transfer of ownership endorsement First Topic: Substantive conditions 1- Legality of the endorser’s right 2- Capacity 3- Authority 4- Consent 5- Cause 6- Partial endorsement and conditional endorsement 7- Endorsement for the benefit of a previous signatory Second Topic: Formal conditions - Writing - Signature of the endorser - Named endorsement - Blank endorsement - Endorsement to bearer - Test data - Date statement - Receipt of value statement - Prohibition of further endorsement Third Topic: Endorsement after the due date - Endorsement after maturity but before protest or before the deadline for protest - Endorsement after protest or after the deadline for protest Fourth Topic: Effects of transfer of ownership 1- Transfer of rights arising from the bill 2- Endorser’s obligation of warranty - Condition of non-warranty 3- Non-pleading defenses - The rule - Basis of the rule of non-pleading defenses - Conditions for applying the rule of non-pleading defenses First: Conditions related to the nature of defenses A – Defenses that can be pleaded against the bearer even if in good faith B – Defenses that cannot be pleaded against a good-faith bearer Second: Conditions related to the person of the bearer 1- That the bearer acquired the paper through transfer of ownership endorsement 2- That the bearer is in good faith 3- That the bearer is not a party to the underlying relationship First Subsection: Power of attorney endorsement First Topic: Conditions of power of attorney endorsement - Substantive conditions - Formal conditions Second Topic: Effects of power of attorney endorsement - Effects on the parties involved - Effects on third parties Third Topic: Insurance endorsement First Topic: Conditions of insurance endorsement - Substantive conditions - Formal conditions - Effects of insurance endorsement Section Three: Guarantees for payment of the bill First Subsection: Against payment (or provision) - Definition and importance - Who is obliged to provide the guarantee - Division First Topic: Conditions of guarantee against payment 1- The debt must exist at the due date 2- The subject of the debt must be a sum of money 3- The debt must be payable at the due date 4- The guarantee amount must be at least equal to the bill’s value Second Topic: Proof of guarantee against payment - Importance of proof - Presumption established by Article 324 Third Topic: Ownership of the guarantee against payment - Effects of ownership - Effects in case of bankruptcy Fourth Topic: Promissory notes of courtesy - Definition - Invalidity and legal basis - Civil effects of issuing courtesy promissory notes - Criminal effects of issuing courtesy promissory notes Second Subsection: Acceptance First Topic: Presenting the bill for acceptance - Rights and obligations of the holder - Cases requiring acceptance - Cases where acceptance is not allowed - Procedures for presenting the bill for acceptance - Rights and obligations of the drawee Second Topic: Conditions of acceptance - Substantive conditions - Formal conditions Third Topic: Effects of acceptance - Effects in relations between the drawee and the holder - Effects between the holder and the drawer and endorsers - Effects between the drawer and the drawee - The definitive nature of acceptance - Effects of refusal to accept Fourth Topic: Acceptance by intervention - Conditions for acceptance by intervention - Who has the right to accept by intervention - Who may accept by intervention - Cases where acceptance by intervention is permitted - When acceptance by intervention is permitted - Form of acceptance by intervention - Effects of acceptance by intervention - Relationship between the acceptor and the holder - Relationships between interveners and the person accepted for, and other liable parties - Relationship between the holder and the liable parties in the bill Second Subsection: Financial solidarity - Scope of financial solidarity - Nature of financial solidarity Fourth Section: Payment of the bill First Subsection: Due date - Methods for determining the due date A – Bill payable at sight B – Bill payable after a certain period from sight C – Bill payable after a certain period from its date D – Bill payable on a specific day - Due date falling on a public holiday Second Subsection: Payment - Presenting the bill for payment - Timing of payment - The holder’s obligation to request payment at the due date - The drawee’s obligation to pay at the due date - Prohibition of judicial delay - Place of payment - Place of payment - Partial payment - Conditions for valid payment 1- Payment at the due date 2- Payment to the legitimate bearer 3- Payment without fraud or gross error - Conditions for valid payment in case of multiple copies - Opposition to payment - Proof of payment and its effects - Payment in case of loss of the bill - Responsibility of banks for paying forged checks Third Subsection: Defenses against payment - Rule of opposition to payment - Exceptions Fourth Section: Types of checks - The crossed check - The account-credited check - The certified check - Postal check - Traveler’s checks Part Four: General theory of commercial papers Chapter One: Relationship between the exchange obligation and the primary obligation First Subsection: Characteristics of the exchange obligation - Severity of the exchange obligation - Formal or literal nature of the exchange obligation - Independence of the exchange obligation – principle of signature independence - Disentangling the exchange obligation Second Subsection: Continuity of the primary obligation - Conditions for revoking based on the original relationship Third: Relationship between the exchange obligation and the primary obligation - Independence of the exchange obligation from the primary obligation - First: Non-effect of the primary obligation’s invalidity on the exchange obligation - Second: Continuation of the primary obligation despite the expiration of the exchange obligation - Third: Continuation of the primary obligation despite the lapse of the exchange obligation through negligence - Fourth: The primary obligation retains its characteristics Second: Relationship between the exchange obligation and the primary obligation - Effect of the primary obligation on the exchange obligation - Effect of the exchange obligation on the primary obligation Chapter Two: Interpreting relationships arising from commercial paper First Subsection: Theories based on general rules of obligations - Theory of assignment of rights - Agency theory - Theory of stipulation for the benefit of others Second Subsection: Theories of legal acts of a special nature - Theory of the abstract contract - Theory of unilateral management - Theory of combining unilateral management and contract - General critique of legal act theories Third Subsection: Theories based on protection of legitimate trust - Theory of appearance and good faith - Theory of the instrument - Theory of liability - Theory of combining management and law Section Two: Bankruptcy - Insolvency - Bankruptcy - Historical and legislative development of bankruptcy - Lebanese law - General characteristics of bankruptcy - Research methodology First Chapter: Declaration of bankruptcy Section One: Conditions for declaring bankruptcy First Subsection: Merchant status - Individual traders - Commercial companies - Civil companies formed as joint-stock companies, limited partnerships, or limited liability companies - Proof of merchant status Second Subsection: Suspension of payments - Traditional theory - Modern theory - Use of unlawful means - Conditions of unpaid debt - Proof of suspension of payments - Banks’ suspension of payments Third Subsection: Combining merchant status and suspension of payments - Bankruptcy after death - Conditions for declaring bankruptcy - Petition for declaration of bankruptcy Second Chapter: Judgment of bankruptcy declaration - Division of the first subsection: Actual bankruptcy theory - Presentation of the actual bankruptcy theory - French judicial position - French jurisprudence - Explicit legal declaration of actual bankruptcy in Egyptian and Lebanese law - Application of the actual bankruptcy theory - Application in criminal and civil laws - Estimation of the actual bankruptcy theory - Court with jurisdiction over bankruptcy - Jurisdiction types - Local jurisdiction - Jurisdiction of the bankruptcy court over disputes - How to request bankruptcy - Bankruptcy declaration upon debtor’s request - Bankruptcy upon creditors’ request - Bankruptcy initiated by the court itself - Content of the bankruptcy judgment - Determining the date of suspension of payments - Publishing and executing the judgment - Appeals against bankruptcy judgments - Appeal against the bankruptcy declaration - Who has the right to object - Time limit for objection - Procedures for objection - Appeal against the bankruptcy judgment - Who may appeal - Time limit for appeal - Procedures for appeal - Authority of the appellate or objection court - Canceling the bankruptcy judgment if the suspension of payments ceases before ruling on the appeal - Appeal against the change of the suspension date - Conditions for objection - Who has the right to object - Time limit for objection - Other judgments in bankruptcy matters - Purpose of judgments in bankruptcy cases - The seventh subsection: Nature of the bankruptcy judgment - Absolute authority of the bankruptcy judgment - Effect of the bankruptcy judgment - Principle of unity of bankruptcy - Principle of territoriality of bankruptcy - Effects of bankruptcy - Effects on the debtor - Declaration of bankruptcy after death - Conditions for declaring bankruptcy - Petition for bankruptcy - Judgment of bankruptcy - Division of the first subsection: Actual bankruptcy theory - Presentation of the actual bankruptcy theory - French judicial position - French jurisprudence - Explicit legal declaration of actual bankruptcy in Egyptian and Lebanese law - Application of the actual bankruptcy theory - Application in criminal and civil laws - Estimation of the actual bankruptcy theory - Court with jurisdiction over bankruptcy - Jurisdiction types - Local jurisdiction - Jurisdiction of the bankruptcy court over disputes - How to request bankruptcy - Bankruptcy declaration upon debtor’s request - Bankruptcy upon creditors’ request - Bankruptcy initiated by the court itself - Content of the bankruptcy judgment - Determining the date of suspension of payments - Publishing and executing the judgment - Appeals against bankruptcy judgments - Appeal against the bankruptcy declaration - Who has the right to object - Time limit for objection - Procedures for objection - Appeal against the bankruptcy judgment - Who may appeal - Time limit for appeal - Procedures for appeal - Authority of the appellate or objection court - Canceling the bankruptcy judgment if the suspension of payments ceases before ruling on the appeal - Appeal against the change of the suspension date - Conditions for objection - Who has the right to object - Time limit for objection - Other judgments in bankruptcy matters - Purpose of judgments in bankruptcy cases - The seventh subsection: Nature of the bankruptcy judgment - Absolute authority of the bankruptcy judgment - Effect of the bankruptcy judgment - Principle of unity of bankruptcy - Principle of territoriality of bankruptcy