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25 March 2023

04 ‏Ramadhaan 1444

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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles

Law Summary Record Type: LawNumber: 16Date: 25/08/1971 Corresponding to 04/07/1391 HijriNumber of Articles: 477Status: In force

Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 01/01/1971 Corresponding to 05/11/1390 HijriPage from: 3458

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1. Endorsement of cheque

443 Article

Check - whereby providing payment to a named person, whether or whether not openly stipulating “to the order of” condition- is circulate able by means of endorsement.

While the check - whereby providing payment to a named person and whereby containing the wordings” not to the order of “or any similar text-, is not circulate-able except by applying “Transfer of Right” (Assignment).

The cheque to be paid to a named person with the expression “not to the order of” or any similar expression should not be circulated unless according to the transfer provisions.

The endorsement is allowed for the drawer or any other obligor who are eligible to re-endorse the cheque again.

444 Article

The endorsement to the drawee is considered as a Clearance, unless the drawee has many establishments and the endorsement is made to an establishment other than the establishment for which the check was withdrawn.

445 Article

The endorser shall ensure/guarantee the repayment of the cheque.

The endorser has right to ban the re-endorsement. In this case, the endorser shall not be committed to the guarantee towards those who will own the check (revert to) by way of a pursuant endorsement.

446 Article

The holder of the endorse able cheque is considered as its legal bearer/holder - as long as he proves that the check is his right through the uninterrupted endorsements, even if it happened that the last one was in blank - .

The deleted endorsements at this end are considered as void.

If the in blank endorsement is followed by another endorsement, the signatory of the last endorsement shall be considered as the one who owns the right in having the check... Right reverted to him; by way of in blank endorsement.

447 Article

Endorsement made on a check “to its bearer” makes the endorser responsible under “Recourse Provisions” ...But this endorsement shall, however, not lead the instrument/deed to become “to the order of” check.

448 Article

If a person lost a check after a certain accident - either the check is “to the bearer” or it's endorse able - , the person who shall own the check (the check shall revert to him) shall not be obliged to give up the check as long as he proves that it's his own (according to Article 446), unless the check is possessed in a bad intention (malignancy) or by inflicting/causing a grave/big mistake (wrong).

449 Article

The endorsement made after a protesto or after maturity date (appointed date for check submission) does not have any consequences except consequences relevant to the assignment (Right Transfer). The endorsement that does not contain a date is considered as it had occurred before the protesto or before the expiry of date of check submission, unless proved otherwise.

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