Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4864&RID=-1&Last=10058&First=0&CurrentPage=9&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&
Law 33 of 2007
Based on the provisions of the Constitution
And approved by the People's Assembly in its meeting held on 11/17/1428 AH, corresponding to 27/11/2007 AD, issued the following:
Provisions of the Trade Act attachment apply as of the effective date.
Repealed with effect from the date mentioned Legislative Decree No. 149 issued on 22.06.1949, as amended, and all contrary provisions of the Trade Act of attachment.
This law shall be published in the Official Gazette and shall take effect from the date of 01/04/2008 m.
Damascus on 11/29/1428 AH corresponding to 9/12/2007 AD.
President Bashar al-Assad
first book trade law
Trade in general and traders and businesses (Store)
GENERAL PROVISIONS Article 1
This law contains the relevant rules of business carried out by anyone, whatever the legal status and includes the other applicable provisions of people who have taken a trade career.
1. If negated the text of this law shall be applied to commercial material provisions of the civil law.
2. That the application of these provisions is not only on the proportion of its agreement with the competent commercial law and custom commercial principles.
If there is no legislative text can be applied, the judge may be guided by including it settled jurisprudence and the principles of justice, equity and business integrity.
1. The judge when determining the effects of the business can custom Almtotd applied only if it appears that the contractors meant contrary to custom, the custom is inconsistent with the legislative provisions mandatory.
2. The special local custom and custom Marjaheen the general custom.
The commercial exchanges, exhibitions and public markets, stores, warehouses and other facilities intended for trading on the subject as much as the need for special laws and regulations.
Business Article 6
Longer by virtue of their inherent nature, acts of business:
A. Purchase of movable tangibles and intangibles in order to sell them at a profit is either sold on or after the condition filled or converted.
B. Buy those immovable objects themselves for leasing or renting for re-leasing thereof.
C. Sale or rental or leasing a second of things purchased or leased in the manner specified above.
D. The money exchange business and financial swap transactions, public and private banks.
E. Supply project.
. Project factories albeit coupled with an agricultural investment, unless the transfer material is a simple manual work.
G. Transport project road or by air or on the surface of the water.
H. The agency brokering the project.
I. Insurance types project.
Me. Draft general viewer.
K. Publishing Project.
's. General stores project.
M. Project Mines and Petroleum.
N. Real Estate Works Project.
Q. Project purchase of real estate to be sold at a profit.
P. Project Agency works.
P. Each project to create and purchase of ships designed internal or external navigation, intent to sell or commercially invested every sale of the vessels purchased in this manner.
P. All marine missionaries and all the process related thereto such as a purchase or sale of supplies of ropes and sails and supplies.
BC. Leasing of ships or transport by sea and lending or borrowing commitment.
T. And other relevant maritime trade contracts Kalatvaqat Contracting wages seas and instead serve them and use them to work on commercial ships.
Well and is one of the business by virtue of their inherent nature, acts that can be considered akin to the advanced work of the similarity of characteristics and objectives.
1. All work carried out by the dealer to the needs of his business is commercial also in the eyes of the law. 2. Any doubt, is the dealer acts issued by him for this purpose, unless the contrary is proven.
Traders first chapter
traders in general and eligibility required for trafficking in Article 9
1. Traders are:
A. People who have their profession to do business.
B. Companies that have a commercial theme.
2. Companies that have the theme of civilians but taken to contribute to the recipe or companies of limited liability companies, are subject to all traders specific commitments in the second and third the following two chapters, and the provisions of the Magistrates condom bankruptcy stipulated in this law.
The individuals who take a small business or a simple general expenses, Cheap craft that rely mostly on physical endeavors to get a few profits to secure the livelihood of more than Astnadhm to top of cash money, As the seller circling or seller Balemyaomh or who are small on land or Bnkulaiat surface of the water, are not subject to duties of competent business books nor the rules of the month or the provisions of the bankruptcy and the Magistrate condom stipulated in this law.
Both announced in newspapers or flyers or any other mode of himself as a trader or shop founded or invested to engage in commercial transactions is a merchant and that trade has not made familiar to him career.
Is not a merchant of the commercial transaction offer, but that the transaction would be subject to the provisions of the Trade Act.
1. State no longer its departments and administrative units and committees, clubs and associations with legal personality of traders and that the business transactions, but the transactions mentioned are subject to the provisions of the Trade Act.
2. Public institutions and public sector companies and the joint is considered a merchant, if the theme of a trade or law granted this status.
If workers in the state of trafficking Blocked worked legally commercial transactions, Vchmlhm legal provisions relating to conciliation condom and bankruptcy.
Business eligibility is subject to the provisions of the civil law and the provisions of private traders.
1. The trader to organize at least notebooks Alajabbaraan following:
A. Journal restricts it day by day all the work that generally back of faces to his business and that restricts Wholesale months Vshahra expenses incurred by himself and his family, and if the dealer follows the automated method in its accounting or bookkeeping daily help the organization in accordance with the provisions of articles (17 and 18) of this law, it may restrict its work in the journal Vshahra months, that retains all the documents that allow scrutiny of the acts mentioned.
B. Inventory book includes annual inventory of assets and liabilities belonging to his organization and to stop his calculations a year to put the budget on the basis of the profit and loss account and to copy them in the inventory book.
2. Therefore, to preserve and arrange correspondence received by the images sent by mail.
3. It must be organized in a notebook and daily inventory in Arabic. The Minister of Economy and Trade exempt from this requirement determined by the decision of foreign institutions him that.
Must be regulated business notebooks compulsory by date without egg nor a vacuum does not transfer to the margin does not erase or gloss between the lines.
Books must be mentioned, and signaling and signed by the President of the Civil Court of First Instance or the justice of the peace in the cities where the beginning of the court there is no numbering.
1. The trader must be kept after the closing of the books for ten years.
2. Commercial institutions appointed by the Minister of Economy and Commerce to retain for a period mentioned in the preceding paragraph image (any electronic means approved by the Ministry of Economy and Trade) instead of the original image and be authoritative origin of proof.
Not delivered the books to the entire judiciary, except in conditions of inheritance and division of joint funds and the company Magistrate condom and bankruptcy.
1. With the exception of cases mentioned in the previous article can always offer commercial books or claim to present their cards to draw with regard to the conflict. 2. The judge ordering his own books mentioned for the same purpose.
Traders can grab their accounts electronically, according to the executive instructions issued by the Ministry of Economy and Commerce.
Trade record Article 23
1. Trade record can the public have access to adequate information for all businesses operating in Syria.
2. It is also a tool for the month are intended to make it his grades window in the right of others when there is no explicit legal provision to that effect.
1. Regulated by the Ministry of Economy, Trade special register branches of commercial institutions and companies, which has its center outside Syria.
2. Regulated by the Ministry of Economy and Trade in each province register for merchants, businesses and civil companies and other businesses called the record trade names.
3. The record-keeping employee called the Secretary of Commerce and the record that Aabeshr his job before the oath before the civil court of first instance, that is his job honorably and conscientiously.
4. Recording the names of traders who are the main shops in Syria, no matter what their nationality.
1. Every merchant must ask the Secretary of Commerce scored in the province in which its head office there that his name was registered in the commercial register within one month from the date of opening the store, or buy it.
2. The trader to submit a statement in two signatories from him stating the following: a. His name and accounted for.
B. Trade name if different from the trade name and address.
C. Date of birth and misplaced and homeland.
D. Original nationality. If he had obtained another nationality, it shows the method of obtaining them with the stated date.
E. If that is the respect of a woman married to a foreign nationality serving the personal status law governing the trade not to deal only with the explicit permission of the husband, given the license mentions her in according to the law referred to.
. The financial system for the couple if different from the provisions of the Syrian law and the Convention on them in case of its existence.
G. The subject of trade.
H. Stores invested by the merchant or that has already invested in Syria and its place.
I. Store logo if any.
Me. The names of the Commissioners on their behalf and the proportion and the date of birth and nationality and misplaced.
3. The Registrar transmits the content of the statement to the trade register and the merchant delivers one of the two copies of the statement to be approved after the last one as a matching asset.
1. It must be stated in the Register of Commerce:
a. Each amendment the matters which require previous article entry in the record.
B. Invention certificates invested by the merchant and the marks used by the plant or trade.
C. Judgments and decisions by the judge to appoint a guardian or trustee or judicial assistant registrar of the trader or his interdiction or lifting those measures with him.
D. Judgments and decisions declared bankrupt or included ratification Magistrate or dissolution or annulment or declared bankrupt or Excuse me for sealing off bankruptcy for lack of assets, or to refrain from closing or re mind.
E. Full-time for the business.
2. Being restriction based on the merchant in the cases referred to in paragraphs request (a, b, e) and being in the cases referred to in paragraphs (c, d) at the request of clerk of the court that issued the decisions to be recorded.
Registration of commercial companies which have headquarters in Syria
1. The companies that have headquarters in Syria, whatever their nationality, must be registered in the relevant Register of Commerce headquarters area, and should directors and members of the Board of Directors may request registration within one month of the foundation.
2. And offers demanding registration to the Secretary of Commerce record certified copy of the instrument of incorporation of the company or its statute and the epitome of that instrument or system intended for the month and the Organization of the two copies and containing the stamps and signatures on the registration and asylum, including in particular the following data:
A. The name and the proportion of each of the partners, except for shareholders and the nationality of each of them are described as stated in paragraph (d) of Article 25 and the date of birth and place.
B. Commercial company name or address.
C. The subject company.
D. Places where the center of the company or its subsidiaries and its stores in Syria or abroad.
E. Partners or unauthorized names of the company's management and the management of its affairs or sign it.
. The company's capital and how to pay it.
G. Date from the company and its completion date.
H. The nature of the company.
Should also be noted in the Register of Commerce:
1. Each amendment specialized matters is the duty of registration or documents to be filed under the previous article.
2. The name and percentage and date of birth, nationality and replaced by each of the company's managers and board members and managers appointed for a period of its existence. The registration application is provided by the managers and board members organizers of jobs at a time and you must register.
3. Certificates of invention invested, trademarks and industrial used by the company.
4. Judgments or decisions to dissolve the company or revoked.
5. Judgments or decisions declared bankruptcy of the company or the ratification of the Magistrate condom with them and competent decisions.
Commercial companies established outside the Syrian territory and has branches or agencies in Syria, as well as merchants who have a major center of overseas branches or agencies in Syria, whatever their nationality
Subject to registration of such branches or agencies of the provisions of the law on registered in Syria. Civil companies Article 30
1. It happens in the commercial register secretariat special record companies that civilian president with headquarters in the province in which companies are recorded in accordance with the provisions of Articles 27 and 28 of this Act, except as it stops working on the commercial character of the company.
2. Civil record companies, which is based outside Syria or have a branch or agency in a special register continued to record the branches and agencies belonging to the institutions or companies based outside Syria, according to its own law.
3. The companies mentioned in the preceding two paragraphs recording the same in the said register and deposit of the instrument and its founding statute the Court of First Instance in its center if it wants to protest her personality legal toward others.
1. If you died dealer or cut off from the abuse of his business, or if one of the companies dissolved shall be written off by the competent registration in the trade register.
2. This write-off is being directly under the decision by the Secretary of Commerce record.
1. Each entry in the Register of Commerce did not specify a date in the preceding articles must request the vote in during the month starts from the date of the document or the work to be credited.
2. The judgments and decisions shall begin from the day of issue timely fashion.
All registrations and entries in the Register of Commerce conducted after the declaration submitted in according to the formulas set forth.
The Secretary of Commerce recorded that refuses to perform the required restrictions if it determines that the statements made do not include all of the data provided or were inconsistent with the supporting documents attached to them or with the provisions of the law.
1. Each person may be asked to give him a copy of the restrictions listed in the registry for a fee determined competent minister.
2. But the registrar when required to give testimony that there were no restrictions.
3. And incredibly Secretary matching the record copies of the asset.
May not be mentioned in the copies delivered by the registrar:
1. TERMS declared bankrupt if the bankrupt has recovered rehabilitated.
2. Judge sentences stone or judicial assistant assigned if the decision was made to lift a stone or judicial assistance.
Every dealer and every company obliged to register they must mention the place where the record number in this registry Mrusselathma and Fouataarhama and delivery notes and definitions, publications and other securities issued them.
1. Every dealer and every person assigned the management of the company are not required on the dates provided for conducting the mandatory restrictions or do not say what should be mentioned on the correspondence, invoices and other securities issued by him shall be punished by a fine of between 10,000 and 50,000 ten thousand and fifty thousand Syrian pounds.
2. Control of these fine Civil Court of First Instance at the request of the Secretary of Commerce register or the public prosecutor after hearing the statements of the person concerned or his call, according to assets.
3. If it has not been sentenced during the enrollment during this period governed by a new fine.
4. The record of trustees who do not work under these provisions are subject to disciplinary sanctions stipulated in the Basic Law for workers in the state.
1. Each statement is incorrect offers in bad faith registration or registration in the commercial register Introduction punishable by a fine ranging between 1,000 and 5,000 thousand five thousand Syrian pounds and imprisonment from one month to six months, or both.
2. Shall not preclude the penalties that can be judged by in according with the laws and penal code for crimes arising from the statement is not correct.
3. The Court of Criminal sentencing order to correct the statement referred to on the face who is appointed.
1. Recorded data, whether mandatory or optional, is considered a window on the right of third parties from the date of registration.
2. This shall not preclude the application of the sanctions provided without the entry into force of the base set forth in the preceding paragraph.
Every natural or legal person claiming as business before the courts or review of his interests the same Balsafh administrative departments or public institutions, does not allow his claim reviewed and does not accept unless registered in the commercial register.
1. Separating the Civil Court of First Instance in the province where there is a trade record, in every disagreement arises between the Secretary of Commerce and scored stakeholders, a decision taken in the deliberation room, and the issuance of its decision within one month from the date of the claim.
2. Subject to the decision of Civil Court of First Instance appealed, and the Court of Appeal to decide the final decision and not subject to appeal shall be issued within three months from the date of filing of the appeal.
1. Store a set of material and immaterial elements designed to engage in commercial career.
2. It includes Store in principle to the commercial brand name, logo, address and the right to contact customers and the right of tenancy stipulated in the private and amendments rent laws, fittings and the number of industrial furniture, patents, licenses and designs, which did not exclude some of these elements of the contents of the store by providing it in the store log or in the contracts contained him.
1. The rights of the owner of the store on the various elements regulated by special laws such elements and principles of public rights.
2. The store group is subject to the provisions of this law.
Business address Article 45
1. Every merchant to conduct transactions and sign papers related to trade on behalf of certain so-called business address.
2. It should address written on the entrance to his shop.
1. Business address of the trader's name and representing the brand name consisting if any.
2. The address must clearly differs from the previously recorded titles.
3. The trader adds that what he wants to trade its title, provided they do not carry others to misunderstanding with respect to identity or the importance of trade and reputation or financial position, or the existence of a company or Bnoaha this addendum.
1. If a dealer wants to open a branch in the center is where the record address trade, and there was another dealer has registered trade the same title, for the trader added that what distinguishes its title from the other merchant of record at the Center address.
1. Is not permitted to separate the business address for the store and a full-time independent from the store with him.
2. Store for a full-time does not include the business address unless stated so explicitly or implicitly.
1. Be a person who owns a commercial title depending on the shop responsible for the full-time obligations upon the title mentioned, and be the owner of his rights arising from his business.
2. If the contracts included the contrary, do not apply to third parties only if the record in the trade register or tell the concerned authorities officially.
3. The fall of liability set forth in this article, following the expiry of five years from the date of full-time.
Not be a full-time person for his shop without business address liable for the obligations of a full-time unless there is agreement to the contrary, registered in the commercial register.
1. The person who owns a commercial title that adds to evidence Astkhalavh.
2. From agreed in writing to use the commercial title by a full-time person to him, contrary to stated, be responsible for the commitments that held back the title in question. And it provided that creditors are not able to collect from the back of their rights when implementing the sentence.
1. Both put other business address intentionally leaflets or sealer or messages and commercial papers or on packages and ties or goods or other things without the right, and anyone who sells or offers for sale money subject by image-mentioned commercial address to others, applied right provisions of articles (701 and 702 and 703) of the Penal Code.
2. Stop the establishment of public interest litigation in the crimes set forth in this Article, the right to sue Profile.
3. May waive personal plaintiff for his lawsuit after her stay, in which case the general case falls depending on her.
Whoever violates the provisions of Articles 45 and 46 of this Act, shall be punished by a fine of 10,000 ten thousand pounds.
1. If the business address used in any way contrary to the provisions included in this chapter, it is permissible for those concerned may request that prevent the use of business address or written off if it is registered.
2. For the people affected to seek compensation for the damage suffered, whether the use of the title intentionally or default or negligence.
3. Atakhlu the foregoing provisions as stipulated in other laws of sanctions with regard to competition fraudulent and illegal competition.
Title companies or trade name is in accordance with the respective type, including legal provisions and apply the provisions of this chapter about it.
Record store and behaviors that are located in Article 56
1. Happening in each province record continued to record trade recorded a mandatory shops and contracts received by or on some of its elements, and in general all that matters of others view it from matters related to the store.
2. Recalls, in that record: a. The name of the store owner and investor and the rate of the number registered in the commercial register.
B. Detailed Address of the shop and its branches.
C. Store items.
D. Date of entry in the ownership of the owner or invest it.
E. Store managers name or agents invested authorized to sign him and the proportion of the home.
And. Insurance rights and access and booking of the store, and other rights and contracts contained it.
G. Each modification or alteration or transmission or cancel the deals mentioned rights.
H. The suit signal relating to the ownership of the store Owalhakouk subsidiary of property or a Anaasralmottagr is recorded in a special register. The suits, which responds to the elements of the store recorded in a special register are fed its reference in the said Registry.
1. The contracts and actions contained on the store must be written taking into account the provisions relating to the recognition of the right and the right of others Bathbadtha all means of proof.
2. The contracts and actions contained on the store are not considered a window at the right of others unless they are recorded in the record store.
3. If you put in the record store signal the lawsuit relating to the ownership of the store or one of its components is recorded in a special register withdrew impact verdict will be issued in the lawsuit, referring to the history of the development of the newspaper store.
4. Booking, insurance and all the rights that ensue Store from the date recorded in the record store.
Article 58 applies
1. The sale is subject to the store or waived the general provisions attributable to the sale or other dispositions and the provisions of this chapter.
2. Full sale or transfer of all or some of the elements of the store according to the will of the parties, and if these elements are not specified, limited to the sale or assignment on the logo and the right to lease the right to deal with customers and industrial equipment and furniture.
3. If you eat the sale or total waiver of non-physical elements of the shop, or some of them, subjected to the provisions of this law. Article 59
Does not include the sale or assignment of personal rights resulting from the investment of the store and notebooks Altjarah.ma contract did not expressly provided for.
1. If you eat the sale or assignment of patents, models or drawings, commercial or other elements that waived subject to a special procedure signs, shall be in addition to those proceedings as provided in this chapter in connection with the store as a whole.
Article 61 || |
1. It determines the extent to which contracting parties shall refrain in which the seller to contribute to the establishment of a shop or store that would compete with the buyer, that it must identify the seller's commitment in this regard in space and time, every condition without this limitation is considered as if it was not.
2. If the contract did not contain such a clause, it is prohibited for the seller set up shop or contribute to it only to the extent that leads to converting customers Sales Store.
The right to lease the property taken home to the shop and set out in Article 43 above is transmitted to a ruling of the aforementioned scroll to the store and that the lease contains a provision to the contrary, provided it meets all the obligations arising from the lease.
Article 63 || |
1. The sale of the store or waived any form, requires registration in the record store on behalf of both the seller and the buyer or transferee or assignee. You must publish a summary of the contract or dispose of this on the App Store in a daily newspaper published in the place of registration or in the capital.
2. This summary contains the date of the contract and a statement about the store and the total price and the price Differentiated to store items in the event of his appointment and the name of each of the contractors, and the rate of habitat and taken home in a place chosen trade record in which the record store.
3. Publishing The Secretary of Commerce scored the purchaser or transferee's expense during the fifteen days from the date of disposition.
1. The buyer or assignee shall refrain from fulfillment of the price, although agreed to pay in cash until the expiration of the tenth day following the publication of the declaration provided for in the previous article and only had to fulfill a price that is not effective towards the creditors of the seller or transferor.
2. If the amount the buyer within the time limit mentioned booking price has, ban him and his loyalty even chapter in the fate of the booking.
1. Each of the creditors of the seller or transferor though his right worthy performance was not asked to take custody on the price the buyer shall be the courts of first place in the commercial register, which dates back to him competent to the store to take a booking in addition to the competent courts in accordance with the general rules. And the creditor in all cases, the choice of his home in the place of the said trade record.
2. The buyer in this case the price of deposit implementation circuit in place of registration of the store or the bank account specified by the Secretary of Commerce record for that purpose.
Each creditor insurance record or seized at the store to get out at the store on record sales and incoming attachments to the contract price. If the price was not enough to meet the creditors mentioned Each of them to ask a shop selling either for himself or on behalf of another for a price higher than the contracted, including at least five price.
1. Offers a tender offer mentioned in the previous article to the Secretary of the store record that is within five days of notification of the offer to publish a summary of the contract of sale and the increase presented in the newspaper spread in all provinces at the expense of the bidder.
2. And each creditor and the buyer within fourteen days following the publication of summary mentioned that in turn leads a similar display with an increase of not less than five previous offer.
3. To not accept offers from the owners mentioned unless coupled to deposit a certified check drawn on a bank operating within the country for less than full value for the offered price, the competent execution department.
4. At the expiration of fourteen days at the most recent offer is the Registrar of the store to refer the ownership of the store to the owner of the highest offers.
If creditors do not agree on the distribution of the price including debts meets the Prime implementation distribute them in accordance with the laws in force.
Store warranty on Article 69
Can be customized store to meet the debt creates a right to secure it in accordance with the following provisions: 1. Securing the store deals with business address and contact customers and logo and the right to hire and equipment and industrial furniture, patents, trademarks, industrial designs and other intellectual property rights (commercial, industrial, literary and artistic ) associated with the store the goods not only be the object of commercial mortgage.
2. But the store owner the right to create a mortgage or a lock on one of these items individually, according to the laws relating thereto.
3. But if one of the equipment or furniture store prescription drug insurance for privatization has been put on the signal that real estate or mortgage, this reference to Ataatnol store equipment and furniture that did not refer to it in the record store.
4. If the contracting parties did not specify the elements covered by the insurance does not focus only on the logo and the right to hire and communication with customers and industrial equipment and furniture.
5. If the store included on one or more branches not covered by insurance unless expressly provided for in the contract of insurance.
1. Do not consider the insurance contract in force until the contractors only from the date of registration in the record store in the place of registration of the store.
2. If insurance taking elements from the store secured individually subject to registration in a special register of insurance shall be registered in the said Registry.
3. And the creditor who registered insurance on the shop to choose a place of residence in the place of registration of all transactions relating to insurance and only Jazz notified by advertising in a newspaper published in the place of registration or in the capital.
1. Enjoy creditor owner insurance against preferential right to follow whatever the store, who moved back to him.
2. If recorded several locks on one shop signs, the preference will be depending on the signal former insurance in the registry.
1. If the transfer of the headquarters of the store owner to inform creditors For insurance holders of the new headquarters under book content with the receipt of a notice addressed to them within fifteen days from the date of transition and only the judge may drop for a secured debt insurance.
2. And creditors may request the competent court to drop the right of their debtors in the term pursuant to the provisions of Article 273 of the Civil Code if the transfer of the headquarters of the store weaken their security.
3. And the owner of the store modifying the headquarters of the store in the store! URL under penalty supporters established for that purpose in the Trade Act.
The insurance recorded on the store owner the right to fall in for debt incurred by him on that date, unless creditors agree otherwise.
1. If you submit a rented property taken the seat of the shop at the request of the evacuation of a rented hack the lessor shall inform the creditors' request to the owners of insurance and informed a number proceedings in this matter, if any, with the appointment of the court, set up to have a date considered. This is a registered letter with acknowledgment of receipt of the notification to the creditors listed according to the text of the third paragraph of Article 70 of this Law, and each of these take the necessary measures to save the rights of the measures, whether the performance of the obligations of the tenant during the prescribed time limit so in rents law or to intervene in the existing case of leased this to regard Aigm evacuate paid only after the installation of the Court of the occurrence of the said notification.
2. If the lessor agreed with the tenant to vacate hack is not considered effective their agreement about the creditors mentioned in the preceding paragraph only after notifying them to him in the same way in order to keep their rights pursuant to articles of Article 235 to Article 245 of the Civil Code. Article 75
1. If the store owner insured debt is not paid by the date of entitlement to the creditor was the owner of the insurance department review the implementation of the right to require asking the store and sell it at auction.
2. Take into account the effect on the store's assets implementation procedures laid down in Articles 379 to 459 of the Code of Procedure and in accordance with the nature of the store Kmencol immaterial.
3. Each clause is null and void in the insurance contract authorizes the creditor owns the store or dispose of it in the event of failure of the debt insurance binder but that Nothing shall prevent the creditor's right to purchase this store accordance with the provisions of the preceding paragraphs.
Insurance on industrial equipment Article 76
1. Can be insured on industrial equipment and professional machines tick to ensure the fulfillment of religion if they are indistinguishable from others, whether Boossavha own numbers, or hewn marks Ooualemthbth them.
2. Insurance does not deal with motor vehicles, ships and aircraft are subject to the provisions of its own law.
If the equipment from the elements shop might put insured signal individually unless preceded coverage secured the entire store. And if you put locking signal after that the store does not include equipment that already insured individually.
Is a bond insurance written fixed date, stating under penalty of nullity as follows: 1.
A. Insurance number and date recording day and hour.
B. A statement accompanying the contract documents.
C. Name contractors and Nspthma chosen and their home in the place of registration.
D. An accurate description of the objects are insured allow highlight it and painting placed on them when necessary and place objects mentioned statement and whether it is installed in place or not.
E. Mekdarralden binder for insurance and maturity and interest rate incurred by him and described him Sindh installer.
And. All other information produced in this regard.
And delivers both the registrar a certificate of registration of contractors insurance at their request, as any person who gives a statement at the request of insurance mentioned Oopantvaih.
2. Insurance is not considered effective even among the contractors if they are not registered:
A. Store in the log if the eye were insured of its elements.
B. In a special alphabetical index regulated by the owners of the Senate the names of the insured at the secretariat of the trade that these objects are located in her record if you were not a component of a convenience store. The same rule applies to any modification or transmission deals with the right insurance.
C. If freed commercial assigning religion binder insurance, there is no campaign to benefit from the insurance what these bonds did not remember in detail in the bond insurance record. In this case the insurance moves sentenced to bonds mentioned campaign. If there were many of those bonds considered the implementation on the eye under one reality for the benefit of all bonds each campaign by the value of religion, of the total value of the assignment mentioned.
1. Apply to eye on the shop provisions Insurance Store and secure detention except as provided in Article 73 of this Law. But if the eye were not part of the shop does not apply under the provisions of the store except those relating to the registration of insurance and preferential creditors.
2. That the creditor does not have the right to trace about third parties only if found on one of the key pieces of the eye insured and in a prominent place, including panel clearly shows the place registered insurance number, and the date.
And placed the painting mentioned in knowing the registrar in the location of the eye and is referred to in newspaper insurance record. And not to the owner of the eye that the insurance contract that is opposed to it or raise the painting after putting them or destroy or remove features or covered in any form before the expiration of the insurance or Trginh. Each of the creditor and the registrar at any time to ensure the continued existence of the eye in the possession of the owner who the insurance contract, or his successor, and the continued existence of the installed panel.
3. The rights issue is not enjoyed by the creditor only for a period of five years, subject to renewal and expiry of the said period expires insurance ruling and is committed to the registrar Petrqanh unless shall be notified Book eye or placing suit creditor by the signal or the owner asked to renew the insurance and guarantee insurance premium for religion and fulfillment of the benefits of two years. | || Article 80
If the owner wanted to sell the eye he must obtain the approval of the creditor or judge of urgent matters leave after inviting the creditor assets. In this case, the insurance is transmitted to the rear registration of this agreement, provided in accordance with the provisions of Article 78 above and the development mentioned in Article 79, paragraph / 2 / painting.
Punctuation insurance is at the request of the owner of the right of creditor insurance by request to the Secretary of Commerce under an official record or guaranteed as they are under a court ruling unenforceable.
1. Shall be punished by death Credit Abuse owner eye insured or the holder, which provides the destroyed or misappropriated or hide or distort it or change its parameters or lift installed by the panel in accordance with Article 79, paragraph / 2 / above. And dealing with the punishment launch work mentioned.
2. Shall be punished by the same punishment of the acts of fraud aimed at depriving of rights derived from insurance creditor mentioned on the eye.
If draws the eye and was insured risk which led to the damage, resolve the compensation payable to the owner of the insurance company replace the said eye.
Creditor to waive his right and his insurance binder in accordance with the provisions of the Money right. But not perform this concession even between the two sides, scoring only in the manner prescribed in Article 78, paragraph / 2 / above.
1. The right of preference due to the creditor be in advance in rank to any religion other than the documented debt following privileges:
a. Franchise judicial expenses.
B. Concession amounts owed to the Treasury from whatever source or type.
C. The privilege of keeping an eye.
2. Creditors who enjoy the privilege of another, they have the prerogative to save under their order. In this case, determine the rank for the creditor owner insurance depending on the primacy of registration.
Booking Store Article 86
Custody at the store to the provisions of Articles 312 to 322 is subject to due process of law. The Executive booking is subject to the provisions of execution specified in the material property 379 to 459 of the Act.
Booking Store scoring record at the store and performs a debtor notification includes:
1. Indicate the type of Sindh Executive, date and amount of debt required.
2. Store description, location, registration number.
3. The appointment of an address to the creditor who initiate proceedings in the place where the headquarters of the Department of execution.
4. Warning the debtor that if he did not pay the debt within five days sold Store Jabra.
1. Minutes seizure mentioned in Article 381/2 of the Code of Procedure include a description of the store and its components and the subject of its effectiveness and its location and its registration number and value of the estimated and indicate whether the debtor invested himself or to the second concern in this case the statement of the occupant's name and basing it. | || 2. Authorizes the goalkeeper judicial mentioned in Article 383 of the Asset Management Store Law and deposit yields in the execution department fund.
1. If booking eat shop with branches Ouadh stores that one, the debtor may request the path to object to the list of conditions of sale suspended on one or more of the stores or branches mentioned procedures in the notification if it proves that the value of the store or branch that procedures will remain constant for him enough to meet creditors' rights checkpoints and all the creditors who were a party. And appoint a decision in this regard shops or branches or Annasralta procedures temporarily suspended for her.
2. For the debtor Palace actions are required on the elements of the physical store or if some of them have proved to be worth meet creditors' rights mentioned.
Affix declaration mentioned in paragraph (a) of Article 400 of the Code of Procedure on the main door of the shop and its branches when appropriate.
If individually Implemented on a store items not goods, they must be booking to inform the creditors of insurance holders, and each of the debtor and creditors mentioned may request implementation at the store as a whole, if such implementation on the said value of the item the store to lose a big shortage or threatened his being. The application mentioned if issued by the debtor within ten days of being notified if issued by the creditor insurance holders within ten days of their notification of the reservation.
If Prime implementation found that the application is accepted decided to suspend the implementation of the reserved solo race and implementation at the store as a whole.
Store provide a stake in the company Article 92
1. The submission of the store a stake in an existing company or under incorporation must be registered and published in the manner prescribed in Article 63 above. Replace habitat mentioned in paragraph / 2 / of that article statement in place of registration of the store in a record store and number.
2. And each of the creditors of the owner of the store is holding a right of insurance that restricts religion with the Secretary mentioned the record with a statement of value of the debt and is caused by the decision of an address for him in the place of registration within ten days of conducting publication mentioned in Article 63 above.
3. But the store owner partners within fifteen days of the expiry of the deadline for the registration of the debt may request the company revoked or terminated. If not eliminated invalidity or termination the company was responsible in solidarity with the shop owner for the fulfillment of restrictive debt on the face mentioned.
Rent Store contract whereby the lessee shall invest the store to his personal account to meet an agreed allowance payable to the owner of the store without requiring the lessor or the lessee's obligations to acquire the rights of others. Article 94
1. The investor must be logged tenant rent Store held at the store register and publishing a compendium him in a daily newspaper published in the headquarters of the store and its branches, within fifteen days from the date of the contract.
2. This summary contains the date of the contract and the statement of the store and the name of each of the contractors, and the rate of habitat and taken home in a chosen place record store in which the record store.
3. And each of the creditors of the lessor and that his right to due performance was not to ask, within fifteen days of the completion of the procedures for the fall of the government debt if proved to rent the store threatens the fulfillment of his religion.
1. The investor must also register the lease expiration and publishing a compendium of him in the manner specified in paragraph 1 of Article 94 above.
2. And each of the creditors of the tenant, the referee asked for the fall of his religion and in the time period specified in paragraph 3 of Article 94 and the conditions set forth therein.
Lessor and the lessee remains until the expiration of the deadline set forth in paragraph 3 of Article 94 and paragraph 1 of Article 95 shall be jointly responsible for the obligations arising from the investment of the store, whether carried out this investment lessor or lessee, as the case.
Acquire the tenant store recipe dealer and is subject to all the consequent of the provisions and obligations.
The lessor him forfeit this status with respect to investment of the lessor store but the store remains registered to his name in the record store.
Tenant investor to mention those described in both documents described in this law, and that coming from him in connection with an investment lessor store with a statement of place of registration and number under penalty supporters stipulated in Article 38 of this Law.
Chapter IX || |
Lease with promise to sell Article 99
Lease with the promise of the sale contract in which people rent industrial equipment or professional machines with the tenant promised to sell them at the end of the lease for a price on a specified date in which the rent is taken into account, even if only partial wages paid.
The professionalism of the mentioned work on business and subject to the provisions of this chapter.
The Lessor shall register his ownership of the leased equipment and machinery in the manner prescribed in this Law, in the record store if the wage of its elements or things mentioned in the log in paragraph / 2 / of Article 78 above in the other cases. This constitutes month presumption ownership of the lessor of the notables mentioned invoked about both the tenant and third parties like Balgarinh derived for the store owner to register the store and its components.
The Secretary of Commerce log handed over the leased certificate of ownership of the hack also delivers non-statement out.
If the contract provided for the retention of the lessor by way of compensation wages remaining term of the lease in the event of failure of tenant obligations taken into account this requirement without the realization of the provisions of the second paragraph of Article 225 of the Civil Code. Article 102
Punctuation is the ownership of the leased equipment and machines to unregistered Face mentioned in accordance with the provisions of Article 81 above. Article 103
If damaged equipment and machines leased and was insured risk, which led to damage of the tenant ought to have been a part of the compensation to the owner of the impact by the wages paid by the out of the total price for leasing the loan contract unless stated otherwise. The second book
Commercial contracts in general and some commercial contracts, in particular the first section
General Provisions Article 104
Not subject to proof of commercial contracts initially exclusive to the rules laid down for civil contracts, it may prove contracts referred to by all means of proof, which sees the judge should be accepted according to the custom or circumstances, while retaining the exceptions set out in legal provisions.
1. In commercial materials may prove the normal date for the bond to others by all means of proof.
2. The history of negotiable bonds and the date of endorsement promise to correct until proven otherwise.
In commercial materials Warning can be a formal warning or send a telegram or telex, fax, or regular message or guaranteed or postcard, and may be done orally or by telephone or any other means of communication with proof directed in accordance with the provisions of proof in commercial materials.
In commercial material may not be for the judge to reduce the compensation Alanvaqa if the debtor proves that the appreciation was exaggerated or that the original commitment has run out, in part, for the judge to absolve the debtor from the performance of the compensation if the injury proved to be a creditor of any damage.
Article 108: in the commercial material in the absence of the text on the interest rate, determines this rate in light of the custom tariff or profession, and the applicable interest accrues from the date of the custom did not specify a date last.
Article 109: 1. considered to ensure that commercial debt in accordance with commercially.
2- do not prove the commercial sponsorship, but in writing.
Article 110: 1. the debtors together in a commercial obligation to prepare in solidarity in this commitment.
2- and apply this presumption on the guarantors commercial debt.
Article 111: Depends to prove a fair price and the price toddler on stock prices and quotations unless there is agreement to the contrary.
Article 112 is a paid every commercial commitment intended by action or service teams otherwise agreed, and appointed by the wage agreement of the two teams, but according to tariff profession or custom, if Antvia of the judge depending on the effort and interest accruing to the other team.
Article 113: 1. the Court may not in the material commercial that gives hey to meet only in very exceptional circumstances.
2- in the contracts that resulted in reciprocal obligations to if one of the parties did not meet its obligation to the request of the other kind of implementation, he may abandon his request to terminate the contract, but if he may request termination of the contract reversed to execution request as long as possible and does not accept the debtor's obligation to implement after the creditor's claim of termination as long as it adheres.
Article 114: the lack of implementation of the commitments in the same sequential or continuous implementation of contracts entitle the party and in the commitment, the request to terminate the contract with regard to all the commitments that have not been implemented, does not preclude the right to claim compensation.
Article 115: 1. in commercial material falls right prescription prosecutors over ten years that has not been designated for the shortest.
2- and falls right prescription take advantage of the strength of the case verdicts gained over ten years.
Article 116: 1. the sales and loan and insurance and all contracts that do not specify their bases in this law are subject to civil law, consistent with the provisions of custom contracts.
2- the SEC whether the securities or the goods, subject to the relevant rules of the different types of contracts that take shape or characterize, and systems for commercial bourses.
3- to competent maritime trade, which did not specify its bases in the private maritime law or norms are subject to the provisions of the contracts this law.
Part II: commercial mortgage
Article 117: commercial mortgage subject to the rules set out as follows believes whereby commercial debt.
Article 118: All transmitted values set out in Article 407 can be customized to meet the debt.
Article 119: 1. with the exception of the following limitations foreclosure by all means of proof, which sees the court must prove its acceptance.
2- being under the nominal bond treatment of transmission for insurance recorded in the records of the shop, who issued the bond and the bond itself.
3- the Sindh editor format it are mortgaging Ptzaarh for insurance as if stating the phrase (value guarantee, or the value of insurance or any phrase that meaning lead).
4- the other involved a person commercial debt particular, are mortgaged to notify it to the debtor or by accepting a fixed date on bail unless the law stipulates otherwise.
Article 120: 1. the mortgage physical eye does not produce its effect if the eye remained in the possession of the debtor so that they appear to others as if they were still part edema of the debtor's financial but must be delivered to the creditor or to a person possessed to their account.
2- serves as the eye mortgaged delivery delivery keys locked it contains and does not carry the panel named debtor or delivery of support stating the possession of the eye according to commercial practice.
3- If the eye were in the possession of the creditor before the mortgage for some reason last seen winning a creditor mortgagee Once concluding the mortgage contract.
4- either if they are in the possession of third parties shall be deemed to have possession of the mortgagee account immediately after being informed mortgage. || | Article 121 should be on the mortgagee to deliver to the debtor upon request support the delivery of stating what the Muslim stuff, subject, type, amount and weight and all the distinctive markings.
Article 122: the mortgage issued by the owner of the mortgaged neck weighted against the benefit includes property entirety if mortgage lasted until the expiration of the usufruct.
Article 123: If the mortgaged was in the possession of third parties who agreed to acquired to calculate the creditor without reservation, it shall be deemed to have waived third parties about the creditor to uphold the imprisonment mortgaged for some reason prior to the date agreed.
Article 124 : mortgage include compensation resulting from a meeting mortgaged to secure backing from the dangers or owed to the debtor rather than the amount mortgaged every last resolves solutions visually replace mortgaged or part of it.
Article 125: 1. If the mortgage is based on things or assign a lesbian was held mortgage remains stands and replaced the attribution of these things or things or assign of the same type.
2- If these things or backing is a lesbian or not certain stand-alone Vllmedin to change them to other meat if the mortgage contract, or that if approved creditor replaced. | || Article 126: 1. the creditor must be used to calculate the debtor all the inherent rights of the things or Muslim backing him for a mortgage.
2- and if what he took to assign a financial adoption entitle the holder to the right of choice shall be the debtor who wants to use his right the option should lead to a creditor the right of choice shall be the debtor who wants to use his right to the option that leads to the creditor money needed before the appointed term of the option at least two days solutions.
Article 127: If the mortgaged thing backing, not paid for the entire for the debtor if he was invited to meet the balance due him, to play to the creditor prior to maturity at least two days, otherwise Jazz mortgagee that intentionally sell attribution according to the provisions of the subsequent article.
Article 128: 1. in the non-payment on the due the creditor is entitled to review the Department implementation and asked the dangers of a city or non-mortgaged money provider found that, after eight days after the occurrence of notification by the chairman of execution sell mortgaged stuff auction and meet creditor religion of the price path of excellence.
2- considered void all the text in the mortgage contract allows the creditor to own property mortgaged or to act without its actions described above.
Part III: the contract of carriage
Chapter I: General provisions Article 129
: the contract of carriage: committed whereby the carrier believes that the transfer of a person or thing from one place to another place in exchange for wages.
Article 130: If you took the entire carrier transport process itself is subject to the obligations of the contractor, but if the commitment to deliver the person or thing to a destination to entrust the non-implementation of the transfer process is wholly or partly become an agent commission transport.
Article 131 of the contract on the carrier prepared thing for the transfer of delivery does not comment what the two teams did not agree on it explicitly or implicitly.
Article 132: the provisions of the following chapters apply to both the carrier and agent commission for transfer unless stated on others.
Article 133: deemed null and void every clause in the contract of carriage targeted directly or indirectly contrary to the provisions of Articles 143, 144 and 146, paragraph A, paragraph 2, and 151 of this law.
Article 134: the sender does not commit him or person transferred the obligations arising for the contract of carriage if it is not a party to it unless they accept that explicitly or implicitly.
Article 135: the addressee or person transferred directly about the right carrier for demanding all its obligations under the contract of carriage.
Chapter II: transfer Article 136
things: the contract of carriage may install bail Negotiable endorsement is subject to the provisions of Article 405 of this law and acquires the rights of pregnant all the sender to him and committed to his obligations under this law.
Article 137: 1. the sender shows clearly the carrier's name and address and the place of delivery and the type of goods to be transported a certain number or weight, size and amount.
2- sender shall be liable towards the carrier and third parties for damages resulting from the absence of such data or lack of it, or to be incorrect.
3 - If the parcels contained the precious things do not ask about the carrier under this Act unless the sender knows its existence and its value are recognized or ill-intention of the carrier.
Article 138: 1. the sender pay the freight and expenses resulting from the goods transported. || | 2- If the condition of fare payment on arrival shall be the addressee, who accepted the goods or the contract of carriage passed liable for the fulfillment of cabs in solidarity with the sender.
Article 139: 1. the sender's name change and has to recover the goods from the carrier as long as in possession that the fare for the distance traveled and offset pay him sums spent on goods and suffered damage as a result of the recovery.
2- move this right to the addressee if delivered transport support.
3- rather than directly to the sender of this right If the received transport support and could not highlighted or if the goods have arrived at your destination and asked the addressee received, or the most dangerous to come to receiving.
Article 140: 1. If required by the nature of the goods wrapped or packaged, shall be on the sender to do so, including saves from loss or Altaab and prevents damage to persons, equipment or other goods transported.
2- sender and be liable for damages caused by improper packaging or packages or Antvaihma, that this responsibility lies with the carrier before the transfer of the goods if a scientist in bad packaging or packaged or Antvaihma.
Article 141 - 1 on the bus immediately after the arrival of the goods and inform the consignee and the place of their arrival and presence.
2- If enjoined transport support notice someone else. For the carrier informed of the deadline itself.
Article 142. 1. If the carrier and in the commitment set out in the previous article, did not attend to receive the goods or the sender refused him received, the carrier must inform the sender and wait for instructions unless equipped with advance directives.
2- If the goods are perishable or could not the task of issuing instructions to the sender within a reasonable period, the carrier may review the judge of urgent matters to deposit the goods with third parties or by the appointment of a receiver or auction it to meet the freight and expenses incurred on the goods.
3- If embroiled in a dispute about the condition of the goods or how to implement the contract of carriage, were previewed and experience them when appropriate in front of the same reference, the judge may invite to preview and experience as well as adversaries, each of proving to do with the contract of carriage and that telegraph, telephone or email or any other means of communication are supported assets, at the expense of the plaintiff and without this call are subject to the assets of notification specified in the Code of trials if they answered the call they may intervene in the proceedings in order to preserve their rights.
Article 143-1 - the carrier is liable since he took over the goods Taebha or their death or loss of or delay in delivery unless proven force majeure or private defect in the goods or error sender or the addressee.
2- If the carrier showed upon receipt of goods in writing conservative careful and reasoned about disgracing the goods or ill-wrapped or packaged for shortages or owner of the goods would then cause the carrier to prove the damage. Article 144- 1-
if he took several carriers successively implement per contract transport was the first carrier and the last carrier shall be jointly responsible about the sender and the addressee on the implementation of the entire transport contract, as if he took all each individually.
2- the other carriers, not all of them about the sender and ask him only for the stage, which took over its implementation.
3- If you can not determine the stage at which the damage occurred, during which, the carrier was done to compensate damage recourse to every one of the other carriers by the length of the stage of the entire transport distance If Ahmed mentioned insolvent carriers distributed its stake to other carriers for the same.
Article 145 - 1. If the goods are losing part of their nature of merely transferred, do not ask the carrier only for the shortfall, which exceeds the ratio mandated by custom unless it proves that the shortage is already a star for another reason.
2- If the goods are transported under the transfer document and one fragmented for several parts or parcels calculated the proportion of tolerance in the shortfall for each part or If expelled individually select the amount at the transmitter independently in support of transport or, if possible, be determined in another way.
Article 146. 1. deemed null and void every clause includes a discharge completely carrier from liability for loss or loss of the goods or Taebha or delay delivery or transfer the burden of proof for or violation of the rules of jurisdiction.
2- deemed null and void every clause refers to compensation insurance carrier for the goods.
3- carrier may determine responsibility under the express written clause in its agreement with the sender for damages unless they are mentioned the result of fraud or serious mistake by him or his followers and unless led specifically to lose compensation by a large margin, and if issued mentioned requirement for an agent on commission for transport, it includes this condition fraud or gross error of him or the carrier or Tabaehma.
Article - 147. 1. If perished partially or Taept goods, they must be on the sender or the addressee or any person acting for their expense to bring the carrier during the three working days following the receipt of reservations in writing in this regard, if he does not take it that he delivered the goods intact unless they prove their death or Taebha all means of proof.
2- The review of the judiciary to inspect goods or an experienced guide them shrine reservations mentioned.
Article 148. The carrier lien on movable things to meet the freight and subdivisions and spent on goods and has also the right to locked.
Article 149. 1. The statute of limitations for claims arising from the expiry of the contract of carriage years on the date that was in it must deliver in the absence of the goods delivered, or on the date of delivery or display delivered assets in other cases.
2- and falls right back guarantor or commission agent on a carrier or carriers back on another carrier expiry month to pay compensation if it is consensual, or the prosecutor officially unless the limitation period set forth in the preceding paragraph is not yet complete.
Chapter III: the transport of persons
article - 150. the carrier is liable for the traveler moved on his charge what caused him physical damage or material, including those caused by improper implementation of transport or delay the delivery of the traveler to the destination, unless the carrier proves force majeure or traveler error.
Article 151. deemed null and void every clause includes a discharge fully or partially the carrier from liability for physical damage to Balmsavr or to shift the burden of proof for or violation of the rules of jurisdiction and the carrier may under explicit written in agreement with the traveler condition to determine responsibility for the physical or delay damages unless they are caused by fraud or gross mistake by him or by his followers, and unless specifically led to the loss compensation by a large margin if released mentioned requirement for an agent on commission for the transfer, it does not include fraud or gross error of him or the carrier or Tabaehma.
Article 152. 1. The transport of Muslim luggage carrier to the provisions of the previous chapter.
2- The luggage carried by the traveler in his hand, do not ask the carrier unless it proves passenger carrier in the cause their death or Taebha.
Article 153. 1. the statute of limitations for claims arising from the contract of carriage end of two years on the incident, which was founded by the lawsuit.
2- and falls the right of return guarantor or commission agent on a carrier or carriers on another carrier expiry month to pay compensation if it is consensual, or the prosecutor officially unless the limitation period provided for in the previous period is not yet complete.
Part IV: Business Agency the brokerage
Chapter I: General provisions Article 154. 1.
commercial agency contract under which the agent shall be bound to the disposal of a commercial character to calculate the principal.
2- commercial agency called agency normal commercial if the the agent acting on behalf of his client and his account.
3- and called the agency ruled that the commission if the agent is acting in his own name on behalf of his client.
Article 155 -1- in commercial actions deserve agent wage in all cases, unless there is provision to the contrary.
2- If this wage did not specify in the agreement, shall appoint, according to the tariff or profession according to the custom or circumstance.
Article 156. the commercial agency and contained a power of attorney for absolute Atjaz business is business, but an explicit provision.
Article 157. the agent who had not received instructions only in significant part of the work is an absolute hand in the remaining part.
Article 158. the agent has to pay interest on funds belonging to a client from the day he should have delivered or deposited, according to the order of the principal .
Article 159. 1. The agent must stand alone implementation of orders issued to him unless it was permissible to him according to the agreement according to the custom or be represented by someone else or there were circumstances compelled him to those of agency.
2- In such cases, the principal has the right to directly sue the person who deputized agent himself.
Article 160. the agent has no right to contract with the same name of his client without the written leave of absence from the principal.
Article 161. If the agent or lent Osilv third parties without the consent of the client bears his work is a risk.
Article 162. 1. with the exception of the case mentioned in the previous article agent for ICON responsible for failure to comply and failure to implement all the obligations of those who contract with them unless Kvlhm or commercial Aladv was in the shop where he lives to that effect .
2- entitled to the agent who guarantees of contracting with him to address the special commission on behalf of the security commission.
3- and define this commission when it is not agreed upon, according knew the shop in which they are contracted.
Article 163. 1. Subject to the provisions of the preceding article agent shall be entitled remuneration or commission as soon as the process and not in the other contracting his obligations unless it is not carried out due to the fault of the agent.
2- and deserves remuneration or commission if also prevented the completion of the practical reason goes back to the client.
3- either in operations that have prevented the completion other reasons in the decades canceled or invalidated for some reason the client is wrong, is not entitled to the agent in exchange for his quest only claim compensation imposed by local custom.
Article - 164. the calculated remuneration or commission on the basis of the process is the net, including additional expenses, unless there is no agreement to the contrary.
165. Product-1 are entitled to the agent to recover all the costs and expenses and advances made by the interests of the client with benefits.
2- he also has the right to enter into account compensation for storage costs and transportation, but he can not be asked to pay for its users.
Article 166. the client which eliminates the agency as well as the agent who winkle from his agency needed for compensation if signed revocation or withdraw from without reason.
Article 167. the enterprise agency at all unless provided for in this law, the provisions of the civil law are subject to a rate of consistency with the provisions of this law and commercial custom.
Chapter II: regular commercial agency
Article 168. 1. If normal commercial agent linked to an employment contract with his client, as is often the case on a local delegate and delegate-Large and Director of the branch or agency applied the provisions of the labor relationship with the owner of his contract, the agency applied the rules on its relationship with third parties who deal with them as such. | || 2- If the commercial agent is not linked to an employment contract with his client, and was independent in his work and his project for the use of commercial agencies, which includes the fixed capital and office workers associated with him and the management of commercial and merchant name acquired the recipe.
3- If the commercial agent entrepreneur commercial agencies did not and were commercial agency only the usual career was his relationship with his client constrained by limiting the independence to work (Ktakiad freedom to choose his clients and the type of agencies that may be taking and the imposition of a minimum amount of business it, preventing it from abuse its own business and determine the status of customers who have to deal with them and the number of visits that he must do certain customers or certain areas) without informing the link rather an employment contract with his client, was named trade representative and subjected to the provisions of articles 169-170 of this law. | || Article 169-1- if the contract trade Representative indefinite, it is not the principal terminated after six months on the work done, unless it threatens Representative before the following dates solutions:
- half a month if it does not invalidate the contract more than one year.
- one month expiration on the contract for more than one year but not more than two years.
- three months if the contract expired more than two years.
2- and not subject pre-contract be terminated warning during a period of six months from the effective date.
3- If you do not take into account the principal leisurely alarm Almzkoh, it shall pay to the representative of his wages for those specific deadline.
4- considered void any agreement contrary to the preceding provisions. || | Article 170. If trade representative fixed-term contract and the dissolution of the principal without justification before him solutions, it shall pay to the representative of his impact on the remaining term wage and void any agreement contrary to the preceding provisions. Chapter III: Agency commission Article 171.
1. the commission agent is the one who takes himself to be held in his own name but on behalf of his client, buying and selling and other business operations for a commission.
2- Agency rules applicable to the agency contract with the commission, subject to provisions set forth in this chapter.
Article 172. 1. agent acquires commission rights arising from the contract entered into by the account of his client and be committed directly to the people who hired them as if the work was unique to the person entitled to these people to protest in the face of all the reasons for payment resulting from direct him their relationship is not entitled to Akhasamua Elmo all directly.
2- either the principal or the agent commission its creditors relations agency shall apply the rules.
Article 173. 1. a commission agent franchise on the value of goods sent to him or stored or deposited to their account to meet all loans and advances and payments carried out either by receipt of goods or in the period of its existence in its holdings.
2- arises this privilege once send the goods or stored or deposited.
3- to Aanco this privilege only if the requirement set out in Article 120 of this law.
4- and enters in the concession amount of the original debt, with interest, commissions and expenses.
5. If the goods have been sold and delivered to the client account, commission agent shall have the right to meet the price of the value of religion by the creditors of the principal.
Chapter IV: brokerage
Article 174. 1. brokerage contract is adhered to by someone named Realtor to guide someone else to have an opportunity to hold or to be the mediator in his contract negotiations and that an agreement for a fee. || | 2- agency rules apply generally to the brokerage.
Article 175. 1. If the wage does not help one broker agreement or under the official tariff identifies, in accordance with custom, the judge estimated value depending on the circumstances.
2- and if it appears that the agreed remuneration is disproportionate to the nature of the process and the efforts required by the judge is entitled to decrease it to Mghader fair wage for the service rendered.
3- worthy broker pay only those who authorized him to the parties to the contract in the pursuit of its conclusion, and if issued the mandate of the two parties, each was liable to the broker without the solidarity between them for the payment of wages owed him even agreed between them, one that bears the entire wage.
Article 176. 1. deserves broker pay as soon as the result of information given to or bargaining conducted to conclude the agreement.
2- If pending agreement on the suspensive condition took place does not deserve pay only after verification requirement.
3- If the condition of the return of expenses disbursed by the broker Vtjb him and that is not the conclusion of the agreement.
Article 177. the broker loses all right to pay and recovery of expenses disbursed if the work for the benefit of the other contracting in violation of its obligations, or if the other contracting download on his promise to pay the Mavi conditions which prevent the rules of good faith to take this promise.
Article 178. 1. it is not permitted to the broker to mediate for people who are notorious for not knowing or not Mlaethm eligibility.
2. does not guarantee the broker is pleased parties to the contract, which is mediating the conclusion does not ask about the execution of the contract, unless fraud or error proved his part.
3- punishable Realtor who violates the provisions of paragraph (1) of this Article, the penalties provided for in Article 641 of General Penal Code.
Article 179. 1. must be a Realtor to record all transactions held brokered with the texts and their own conditions and to preserve all the relevant documents and give all that a mirror image of each requesting contractors.
2. in the sample sales must be retained in the sample that the sale takes place. Article 180.
the broker and the brokerage operations in the securities markets or the stock exchanges of goods subject to the provisions of the laws and regulations so special.
Part V: account this
Article 181 - 1. intended to hold the current account agreement happening between two people that Meisselmh each other different payments mutual and overlapping of money and the funds and assigning business are up for sale recorded in a single account for the benefit of motivation and we have a clutch to be without any of them right others claim what they handed him each payment on the unit so that it becomes the final balance alone at the close of the account we have worthy and fit to perform.
2- and do not consider the current account exists if the sides have agreed not to overlap so that one Dfathma payments do not start over, unless other payments. | || Article 182. 1. the current account a commercial character if eating between two dealers or commercial relations if the two teams stand-alone commercial batches whatever described by.
2- If the payments were not both teams have a commercial character was commercially account for If any of the two teams was a merchant account, or was related to his trade and a civilian for him if the two conditions mentioned is not available where.
3- installment gaining recipe account that tied it whatever Originally described.
Article 183. 1. stop coverage of the current account on the will of the contractors, that they had the Adjalah including all dealings or a certain type of them all. As Ajoson multiple current accounts between the parties if each account is limited to a certain type of operations or currencies.
2- may be the current account overdrawn in terms of the teams or to hand one team, and in the latter case to Ilesm one of the two teams Bclav money to another unless it was the first return for fulfillment adequately represented with the other temporary favor.
Article 184. If the right under the current account, then passed or impaired, his registration had been canceled or reduced enrollment and opposite adjustment account accordingly. Product-
185. 1. the rights documented Ptominac agreement to interfere in the current account, unless both teams agree explicitly and Ihsla the consent of the person who made the insurance if it was not the two teams.
2- transmitted insurance restricted the right of the current account balance to the final which will It appears when you close the account, which not exceeding the original value of the debt secured without paying attention to the changes in the interim balance as of that date, unless both teams agree otherwise, and he may not protest about the non-transfer of insurance to the final balance unless you take into account the month established procedure to save these bonds each, according to nature.
3- If the two teams a month Avas Sirte provisions of Article 463 of this law on the insurance or mortgage established by the team on his property within the period specified in the said article in order to ensure a payment or the final balance of the account if the tally on the establishment of the temporary insurance Medina for the team in question. However, mortgage insurance remains in force creditors about a block up the final balance surplus debtor temporary debit balance on the establishment of insurance unless it is proven science creditor time mortgage report and register stop the debtor for payment.
Article 186. The presence of the current account does not prevent a contractor another claim of commission earned by all the work done by the commission, retrieves the appropriate operations expenses of the current account, which is useful in the account unless there is agreement to the contrary.
Article 187. inevitably produce payments for the benefit of Muslims on the recipient's benefit is calculated on the average if not legal not certain under contract or custom.
Article 188. the debt owed to one of the two teams if introduced in the current account lost their characteristics and special entity self Flatkon then be separately to meet and clearing nor Mdaah nor a method of execution and the fall of a single prescription.
Product-189. 1. Subject to the provisions of the bank secrecy Act may be arrested on the interim balance of the current account if the creditor is reserved for him.
2- that this reservation Inal than the other team of rights on this interim balance under the requirement in the current account Group held the defendant is deprived of the freedom to act at any time the interim balance mentioned.
Article 190: 1. the boost under represent the value of a commercial support is not obtained only on condition that capture the value of the bond unless there is agreement to the contrary .
2- and if the value of the bond had not paid the due date, and fulfill the Received Likes Received with the retention for insurance, with the use of the rights conferred upon him a restriction that restricts its value inversely to betray account. 3. In the case of bankruptcy of the Muslims of Sindh is not entitled to any recipient, despite contrary to reflect in its value in the account until it resolves the maturity and proven non-fulfillment.
4- agreement and if the reversal of an award for this image must be on Mtzlmha that reduces the amount of requests in the bankruptcy rate of payments performed by the signatories of those backing. | || Article 191: 1. No longer one of the two teams creditor or debtor to the other team before closing the current account.
2- that locks the account alone defines the relationship between the two teams develop and give rise inevitably clearing the total of all credit and debit account terms and designate any two teams creditor or the debtor.
Article 192: the account is suspended in specified in the contract deadlines or local custom, but at the end of every six months, and drain the benefits mentioned in the proper time and recorded in the account as a down payment subject to the interest.
Article 193: 1. contract expires and close the account in the term specified in the contract or agreement of the two teams and only jazz each closing after informing the other team taking into account the agreed deadlines or mandated by custom.
2- and stands as well as the account in the event of the death of one of the teams or lose a civil or insolvency or bankruptcy.
3- turns interim balance at the close of the account to a final balance due performance immediately what the two teams did not agree otherwise such as transferring the account balance to another account.
4- apply to the final balance of the agreed interest, but the benefit accepted norm or provided for by law.
5- to lawsuits dealing account is correct as a result of an error or omission or repetition or other corrections must be held in the six-month deadline and shall enter into force the deadline for each team from the date of notification of the final balance or knowledge of it, and the consequent cancellation of a payment or termination upon closing the account balance of the said amendment.
Part VI: Chapter one
(business Almsrvih- bank deposits)
1- deposit money Article 194: 1. the bank, which receives for deposit a sum of money become an owner committed to him and like him cold at once or in installments once the applicant or in accordance with the deadlines and the requirement for pre-news set in the contract deposit request.
2- must be held that the evidence on the written documents All concerned the deposit operations or returned unless there is an agreement to the contrary.
Article 195 deals with the deposit all amounts that taking possession of the bank from a third party on behalf of the depositor in any way, whether it pardoned or upon a depositor with a vacation bank's request to use the professional for his work on the bank pays for the expense of the depositor, within the limits of the deposit amounts that asks him depositor paid either for himself or others by checks or money orders or otherwise, and that caught the bank to calculate the depositor the amount determined by the applicant or by which eliminates custom blazed to their account and adds to the deposit and depositor when notification filing this from a third party for him to reject it and request a deposit to the payer.
Article 196: (1) the bank holding the amounts deposited with him an account or record it for the benefit of the depositor upon all the transactions that take place between the bank and the depositor or between the bank and third parties to calculate the depositor.
2- is not included in the calculation processes that both teams agree to remove them of it, and you can customize a payment for a particular purpose.
Article 197: (1) does not allow the deposit contract account statement for any applicant Tmkhaddh for debit balance for him, unless the parties otherwise agreed with him that leads to a difference in the account description.
2- If tolerance Bank and implemented processes that led to the statement he has to inform the depositor without delay to settle the situation.
Article 198: If died depositor deposit continue to list and according to the terms of the contract unless requested heirs recovered before they mature.
Article 199: to provide the bank account of the depositor calculated once every six months, unless the agreement or custom otherwise, and must specify the balance on disclosure.
Article 200: If there were many open accounts per person in one bank or in different branches of the same bank, these accounts are independent of each was what is no agreement on reunification.
Article 201: it is permissible to open an account under the provision of record of payments and withdrawals book, and the data contained in the book signed by the bank's employees in an argument prove this data between the bank and the owner of the book unless otherwise agreed.
Article 202: interest incurred on amounts deposited, starting from the day following the deposit of all that was not on vacation until the day before the re each amount unless there is agreement or custom to the contrary.
2- bank transfer
Article 203: bank transfer accounting process restricts which, at the request of the student transfer, the amount of money in two different accounts open for one person or two different people at one bank or banks different and that the student transfer and for the account beneficiary's account.
Article 204 deals with the transfer request in the amount of restricted student account or transfer sums chargeable expect it within a definite deadline.
Article 205: 1. the amount transferred to the beneficiary moves when his registration the applicant for conversion account, and demanded the conversion until that date back for his request.
2- on the extradition request beneficiary conversion prevents the irreversibility of the request unless the beneficiary before wielding bankruptcy under the amount in his account.
Article 206: 1 - can agree on the delivery of the beneficiary to transfer requests submitted to the bank.
2- and can agree on the amounts transferred under or in part at once with similar requests at the end of the day I got to the bank.
Article 207: 1. If was not in the account sufficient funds to carry out the conversion requests received directly from students conversion, possible for the bank to refrain from implementing the conversion to a student so immediately.
2- If the transfer request granted to the beneficiary, for the bank carried out within the limits of the balance Almtovd It has what the beneficiary did not oppose it, and the bank in both cases that the beneficiary delivers a statement of reality or explaining that the transfer request, and if the beneficiary refused partial transfer the balance available is not locked up the balance in his favor.
Article 208: 1. If handed conversion requests to beneficiaries and the total value exceeded the available balance in the student transfer account invited students transfer to supplement his tally on the day of submission of applications and the only balance section among the beneficiaries dividing adversaries the next business day for the submission of applications, and gave them the bank a statement of reality as stipulated in the previous article.
2- does not benefit from this division beneficiaries of conversion requests received to the bank on the same day of the account holder directly.
3- If you do not request the conversion was carried out at the and Rod another application outweigh the value of the previous value of the order and the balance available in the account, for the bank to postpone under any of the requests until the end of the day in question and in all applications submitted to him on that day, the next business day.
Article 209: the bank is in the value of remittances the applicant for conversion on the day they are received him account unless specified transfer request longer time-out.
Article 210: that religion, who requested the conversion of loyalty remain intact with Tominach & Peripherals even under value for the account beneficiary.
Article 211: the applicant conversion objection on the implementation of his request even if it was handed over to the beneficiary if the ruling last month's bankruptcy, before being reported to the student transfer account.
Article 212: the implementation of the bank transfer requests from him before the day on which a judgment month bankruptcy called conversion.
3- deposit backing
Article 213 deals with the deposit of backing the securities set forth in Article 407 of this law.
Article 214: 1. remain immovable values that deposited the bank owned by the applicant and not to the bank to dispose of them or exercising the powers related only to the expense of the depositor and according to his instructions.
2- that the ownership of these values are transmitted to the bank, which is committed to hail the same for the applicant if they agreed to it explicitly or implicitly, and conclude this agreement by the depositor to grant the bank in writing of the right to dispose of values mentioned without limitation or if approved depositor of the bank the right to re-deposited values similar values.
3- and if he adheres to Bank manages deposited values to calculate the depositor underwent its commitment to the provisions of the Agency. Article 215: 1. the bank shall maintain the backing that attaches care depositary hack.
2- and does not have abandoned only in exhibition action requires it.
Article 216: 1. the bank would be caught all amounts due to his backing if they fall due, in particular interest and dividends and payments on top of the expense money and the value of what is being used and all of this attribution because of the amount of last worth unless otherwise agreed.
2- amounts are placed at the disposal of the depositor if taking possession of it, especially its entry to him in an open account in his name.
3- the bank said gets backing to be distributed free of charge and that adds to the backing deposited and that all the measures necessary to maintain the inherent rights of attribution and replaced Kdmjha switch Ksaimha and marking them business.
Article 217: 1. If you must do is up to the applicant work, for the bank informed that the appropriate way without delay, and if the right of the depositor, threatening to fall, they must be asked about the directives guaranteed way, as guidance book content with notice of receipt, and the support of that book, in If overdose wheel, telephone or telegram or telex, fax, or any other way supported, so an applicant's expense.
2- If the bank depositor has not received directives in a timely manner after being told it mentioned on the face, it must save face depositor rights he deems appropriate, and shall bear the depositor in this case expenses as well as regular commission.
Article 218: 1. the bank to restore the applicant Fortalbh, backing deposited with him.
2- It is returned in principle in place of deposit. | || 3- and may be re-represented if the sides have agreed on the text of the law or so.
Article 219: 1. backing will not be returned unless the applicant or his successors or their representatives or Evodouna in writing and that the attribution indicates that it belongs to others.
2- If the nominal backing stores may benefit from the right back to his neck, if established, the death of the beneficiary.
Article 220: If someone backing deposited claimed entitlement shall inform the depositor to the bank about it does not preclude the re-attribution to the applicant what Prosecutor's decision not Asthsal booked.
Article 221: do not take this the verdicts of the provisions relating to schemes in securities of foreign If you disagree about.
4- joint account
Article 222: (1) that the bank may open an account between two or more equally among themselves, unless otherwise agreed.
2- account is opened at the request of all owners, and take into account how the withdrawal from the account owners agreement.
3- If the most dangerous one joint bank account owners writing the existence of a dispute with respect to this account shall be on the bank to freeze the account until the dispute is settled, including satisfaction or spend.
4- occurred if booked on the balance of a joint account owners booking the defendant's share of the account balance on secret bank notification booking, the bank halt withdrawals from the joint account, including the reserved quota equal to them, notify owners or their representatives during the reservation for five days.
5- If one joint account owners have died or have the legal capacity shall rest on the dangers of the bank and thus their willingness to continue the account within ten days of the date of death or the duration of loss of capacity and the freezing of the bank's share of the deceased or incompetent in a separate account.
6- not have authorization provided for in the law of confidentiality of banks is valid only if issued by all joint account holders.
Article 223: distribute the final balance of the account when you close it equally between the owners of the agreement between them and the bank on the other ratios did not provide, and take into account the same percentage with respect to the balance-timer, in case of booking one share of the account owners or month bankruptcy. || | Article 224: it is not for the bank to set off one of the account holders a share of the final balance and the balance of other accounts that have the same bank account without the consent of the owners of the other unless there is an agreement to the contrary.
Chapter II: leasing funds
Article 225: leasing funds
a contract by which the bank put a particular fund under the tenant acted to benefit by a specified period in exchange for wages.
Article 226: Rent Fund is subject to the provisions of rent stuff.
Article 227: 1. The each two soft different fund, the bank delivers one of the tenant retains has a version other, and it remains recognized the key to the tenant the property of the bank and must be returned to him at the end of the tenancy.
2- not the bank that allows the opening of the fund, but the tenant or his deputy or his agent. || | Article 228: 1. the bank take the necessary measures to ensure the safety of the fund and the preservation of its contents and control.
2- may not be for the tenant to put in the box things threaten his safety or the safety of where it is located.
3- If became threatening danger or the Fund was found to contain dangerous things shall be on the bank to notify the tenant immediately attend to strip it and pull dangerous than things, and if the tenant did not attend at the time fixed, it is permissible for the bank that Asthsal of urgent matters the judge's decision in the deliberation room, emptying the fund immediately and withdraw and offload dangerous than the stuff in the presence of the appointed judge for that, and frees the incident to remember the contents of the box Minutes, and if the risk-off, it is permissible for the bank and the responsibility to open and emptied and the withdrawal of dangerous stuff from him without notifying the tenant or permission judge Fund.
Article 229: 1 - if the tenant did not pay the fare in maturity, it is permissible for the bank dates after the expiration of thirty days from the Excuses Order that is considered the contract terminated by itself and recover the bank fund after notifying the tenant to come to open and emptied of its contents.
2- and if the tenant did not attend the deadline , it is permissible for the bank to ask for things interim relief judge to issue decision to open the fund and inventory assets in the presence of the appointed for it, and frees the minutes of the incident to remember the contents of the box, and the judge may order the deposit content with the implementation of a circle or a bank third person.
3- The decision things interim relief judge to void a ruling if the bank does not suit termination of the lease before the competent court within eight days from the date of issuance.
4- to the bank the right to lock up the contents of the fund, and has a concession on the price resulting from the sale to satisfy the outstanding rents and expenses him. | || Article 230: 1 may be signed Executive booking Fund.
2- and inform him of the bank as soon as booking a decision to notify the tenant immediately the occurrence of booking and that prevents him from using the fund.
3- Bank is committed to open and fund offload its contents in the presence of the barrier is nominated by the President of the execution so that the tenant Palmied who select to open the box notifies, stripped contents of the box and frees report on the incident, and recognizes these contents decision of the President of implementation to the bank a third person or deposited with the implementation of a circle until it is sold, and in accordance with the provisions set forth in assets Procedure Code.
4- If the fund contained papers or documents not covered by the sale, shall be delivered to the tenant, if he was not present shall be delivered to the bank for safekeeping until required by the tenant or his heirs, and if you did not make any of them to receive papers or documents mentioned during the five years of the bank have the right to bring the matter on urgent matters the judge to decide what he sees them.
Article 231: With the exception of the cases provided for in the law, not the bank may open the box or strip it of its contents without permission tenant or his presence or implementation of the rule of a final judicial decision issued in this regard.
Chapter III: bank credits || | 1. open
reliance Article 232: 1. opening credit contract Light committed reliance whereby to put at the disposal of the beneficiary images of a certain amount directly to the beneficiary may grip all at once or in installments, over a given period.
2- the payments paid by the beneficiary during a period of dependence not come down of the value of total dependence rather than the balance of who may grip during the said period, unless otherwise agreed.
Article 233: 1. If the opening credit for the implementation of a particular project, there is no may be its dissolution before the end of the project or in situations that allow for termination in accordance with the general rules or if there is agreement to the contrary.
2- If the opening credit of unlimited duration and is linked to the implementation of a particular project may be for both teams to end the work after at least a month of the notice to the other team, unless the agreement or custom did not specify another deadline.
3- the Bank may terminate the work for him before relying solutions in the following cases: (a)
an accident undermine civil beneficiary such as death or Ahadjralih. | || b solvency lost after the contract or even when the contract if the bank did not know it at the time.
c stopover for payment. (d) Insurance
kind shortages or personal presented by the beneficiary and his failure to be supplemented, unless bank affects the devaluation reliance by this shortage.
Article 234: the insurance provided by the beneficiary and ensure that fulfillment of all the amounts Estelvha within the limits of the credit value since the start of its effect and even solutions for him.
Article 235: If allocated bank credit third parties to meet and the Bank has installed a third party that it deserves no bank's dissolution or amended without the consent become due, becomes the bank committed to immediately and definitively toward those who deserve to pay the amounts and accepting the backing covered dependence.
Article 236: the right of the bank, as well as for recovery of amounts Almsilvh to the beneficiary when for solutions rely that asking him to benefit the agreed or accepted otherwise Fbalvaidh banking on the amounts mentioned from the date Astelaffha with expenditure for the account beneficiary and the commission agreed customary or against them.
Article 237: If the guarantee provided by subject or insurance, real estate, it is in foreclosure or insurance taken when the contract provides, starting from the date of all the advances that arise after the construction contract to open the credit.
2- credit on attribution: Article
238: 1- credit on the attribution contract that gives the bank a temporary loan beneficiary attribution returning to the beneficiary or others who allocated to meet the value of the loan.
2- intended attribution in the said immovable values based on Article 407 of the Act decade.
3- conclusion of the contract must be in writing under penalty of nullity.
4 - The contract should include the following data:
A description backing provided insurance.
(b) the owner's name and his hometown.
c value of the loan and the interest rate incurred by him and other conditions.
d. the estimated value of the award is estimated to secure the loan and the value of the margin.
5. If the contract is not in writing or devoid of a single data mentioned Vllmstvid alone to ask void for that reason.
Article 239: If not the borrower's fulfillment of the loan amount when the solutions for him, it was the bank's sell order attribution according to the provisions of Article 128 of this law.
Article 240: subject to contract credit backing of the provisions of the mortgage business set forth in Part II of the third book of this law.
3- documentary credits:
Article 241: subject credits documentary to the rules and norms of the unified issued in this regard from the international Chamber of Commerce.
Chapter IV: banking other
Article 242: the banking business that are not listed in this section are subject to the general rules applicable to contracts which are characterized by particularly those contained in the civil Code, and that the amount of its agreement with the principles of commercial rights and custom banking and the requirements of banking and commercial work.
Chapter V: final provisions
Article 243: power of attorney may be a normal business banking bail sign in front of the bank.
Article 244: to be constrained bank probative force toward the bank and the customer is not objected to by the client in writing within three months from the date of notifying them.
Article 245: Unlike any other text sets interest agreement of the two teams and according to the Council of money and credit indicators and the Central Bank of Syria.
Commercial backing bonds and other negotiable
Part I: cloud support (Ambasstjh)
Chapter One: Create clouds and guaranteed formula
Article 246: Includes support drag on the following data: | || 1- word (withdrawal of support) written in the body of Sindh and in which he wrote them.
2- is not hanging on the requirement to perform a certain amount of money.
3- obliged name of performance ((drawee) .
5- performance venue.
6- name of performance or to be ordered (pregnant).
7- date of establishment support drag and place of its establishment. | || 8. signing of established cloud support (the drawer).
Article 247: Sindh free from one data mentioned in the previous article does not consider the withdrawal of support, except in the cases outlined in the following paragraphs:
1--free withdrawals support mention the maturity date be worthy performance with the view it.
2- If you did not mention in support drag-place performance the place that reminds next to the drawee name is a place for payment and home to the drawee at the same time, and is a place of fulfillment of Sindh selected domicile makes both Court of that place and the Department of execution where competent to decide what arises from the bond of disputes.
3- guaranteed free withdrawals from a male origin place of its creation is in the appointed place beside the name of the tug.
Article 248: 1 may be withdrawn Sindh to the order of the drawer himself.
2- as it may be withdrawn.
3- and also may be withdrawn for someone else.
Article 249: may require performance drag support in the home to someone else, whether it be at home in which the drawee resides or in another home.
Article 250: 1. His performance bond may be due to the view it or after a period of access that is required for the benefit of the amount mentioned in it.
2- this is a condition in vain in other bonds.
3- and should the interest rate statement in the clouds, except for the support from the whole condition was considered not to have been.
4- and apply interest from the date of the draw support if it did not appoint another date.
Article 251: 1 If the amount of support drag initials books and figures together lesson when the difference of the written initials.
2- If times wrote letters or figures lesson for the least amount.
Article 252: 1. If the load support drag signatures of people who do not meet the civil commitment with or forged signatures, or signatures of fictitious persons, or signatures are not required for any other reason people who signed guaranteed clouds or who signed their name, it does not preclude my commitment to the health of others drag support.
2- due in determining the eligibility of the person obligated support drag to his law, however, if he adheres to a person under the support drag and meets the civil sticking to it according to the law of the country in which this commitment was issued, it is true commitment if they were not available when these civil and according to the law of his country. 3. The subject form of support withdrawal to the State Law that has been created where.
4- However if the support is not true clouds form under the law referred to in the preceding paragraph, this does not preclude the validity of obligations that arise later on this bond in Syria.
Article 253 : (1) the impact of the withdrawal of support on behalf of another without have the recipe in that it becomes binding signature personally.
2- If fulfilled his obligation outcome of the rights that they devolve to the prosecution claimed him.
3- applies this provision exceeded the limits of his mandate.
Article 254: 1. drawer guarantor accept drag support and loyalty.
2- and he may be relieved of the requirement to ensure acceptance, either ensure the fulfillment of every condition for exemption if it is not .
Chapter II: in exchange for the fulfillment of (rations)
Article 255: 1 on the drawer or the person who pulls the clouds to support his account that have the drawee against the Euro and fulfillment.
2- but that does not exempts the drawer to calculate other responsible person before the appearance of clouds support and bearer.
Article 256: the return for the fulfillment of present if the drawee owes the drawer or the commander of the draw in the history of drag guaranteed entitlement to a certain amount of money owed and performance at least equal to the amount of drag support .
Article 257: 1. the right moves in exchange for the fulfillment of the rule of law to support drag successive campaign.
2- and if compared to fulfill less than the value of cloud support was the holder on the other hand minus all the rights set forth the complete opposite , this provision shall apply if the exchange for the fulfillment of our disputed or is not the case when a bond matures.
Article 258: 1. the drawer even if the protest was filed after the promised withdrawal that delivers the necessary documents support holder for receiving a return for the fulfillment of the drawer if necessary bankrupt Agents Tfelicth.
2- and expenses be it on the stand in all cases.
Article 259: If the drawer is declared bankrupt even before the planned withdrawal guaranteed entitlement, Vlhamlh without other creditors of the drawer right of return for the fulfillment of that exists among the drawee meet .
Article 260: 1. If the drawee went bankrupt and was in exchange for the fulfillment of our discharged this debt entered in the bankruptcy assets.
2- If either of the drawer with the drawee bankrupt goods or commercial assign or movable values or other money that may be recovered in accordance with the provisions of bankruptcy, and were intended explicitly or implicitly, or to meet the clouds support, Vllhaml priority in achieving the right of the money worth.
Article 261: If you drag the award on the exchange for the fulfillment of its value is not sufficient for the fulfillment of its widely followed all of the following rules:
1- take into account the order of the dates of the withdrawal of attribution regarding the rights of the holders in value are met, so the former bondholder history dates other backing in advance for others.
2- If the attribution had been withdrawn in the history of one foot Sindh which carries acceptance of the drawee.
3- and if you do not carry any support acceptance of the drawee feet of Sindh, which was allocated to him in exchange for fulfillment.
4- the other backing inclusions on the condition of non-acceptance comes in last place.
Article 262: 1. accept the drawee support clouds, the presumption of the existence of the opposite has proved the drawer unless the contrary.
2 - shall not be set aside this presumption in relation to the drawee rack.
3- either in a relationship rack drawer, the drawer to prove the existence of exchange for the fulfillment of the drawee on maturity, whether support drag-acceptable or not.
chapter III: support drag-and acceptance endorsement
Article 263: 1. clouds support a negotiable way of endorsement trading though it did not explicitly mention the word (to the order).
2- and Sindh, which codifies the tug of Abbar ( no order) or any phrase of other similar subject traded to the provisions of the assignment of rights established in the civil law and not others.
3- true endorsement, even the drawee, whether capable of being guaranteed or not, as is true endorsement of the drawer and any other person shall be binding on it, and all of them have the right to an endorsement.
Article 264: 1. Without prejudice to the provisions of Article 267 of this law should be the endorsement devoid of any requirement, and every commentator condition upon endorsement is considered not to have been.
2- partial endorsement void.
3- endorsement and support drag-bearer is an endorsement in blank.
Article 265: 1. writes endorsement on clouds same support or on another piece of paper attached to it.
2- and must sign Appearance it.
3- and may not appoint a person's appearance in the endorsement to him, to economize on the signing appearance (blank) in the latter case, the endorsement is not valid unless it is written on the back of support or drag on the paper related. | || Article 266: 1. endorsement conveys all the rights arising from the clouds support.
2- If the endorsement in blank Jazz bearer:
shall be filled whiteness by typing its name or someone else's name.
(b) to show the bond of a new blank or to someone else.
c to betray him as to anyone else without that fills the whiteness and without being shown.
Article 267: 1. Appearance guarantor accept support drag-and-loyalty , unless otherwise not required. 2. it has to foreclose an endorsement, and then not be binding security against those who shall devolve upon the Sindh endorsement later.
Article 268: 1 is one of the clouds in his hand that he guaranteed the legitimate holder when proved to be the right holder it Ptzhirat connected to each other even if the most recently an endorsement in blank.
2- write-offs and endorsements are considered in this regard if were not.
3- and if followed by a blank endorsement another location on the recent endorsement was considered that he is the outgrowth of the right in Sindh so the endorsement in blank.
4- If still the hands of someone from Sindh accident What Vhamlh when proved he is the owner right to it in accordance with the preceding paragraph need not push, but if he has got it bad intent or gross fault.
Article 269: it is not for those who erected them suit bail clouds to protest its holder defenses a built on a personal relationship Bassahab Sindh or campaigning ex unless the bondholder has earned him the purpose of damaging the debtor.
Article 270: 1. If the endorsement included the phrase (collectible value) or (value of the catch) or (confidential) or any other statement that the power of attorney, Vllhaml directly All rights of the bond, but he may not an endorsement, but for the power of attorney.
2- and not to officials in this case the protest on the stand, but the defenses that may be invoked on appearance.
3- agency does not rule contained in the endorsement ends Proxy death of the principal or the occurrence of the prejudice Bohlith.
Article 271: 1. If the endorsement included the phrase (value guarantee) or (value mortgage) or any other statement that insurance Jazz bondholder directly all the rights arising from it. || | 2- back the endorsement was considered a holder for a power of attorney.
not responsible for Sindh to protest the pregnant defenses set out on their personal relationships appearance, unless the carrier has obtained Sindh intent to damage the debtor. Article
272: 1. subsequent endorsement of time accrual provisions of the previous endorsement to him.
2- the endorsement subsequent to the submission of the protest due to non-fulfillment or winning after the expiry of the deadline of the submission of this protest not only produces the effects of provisions related to wire transfer the right prescribed civil law.
3. The endorsement-free date he has been accepted the expiry of deadline for submission of the protest unless the contrary is proven.
Article 273 shall not be providing the endorsement dates, and that he is a fraud.
acceptance of Article 274 : holder may drag any support or holder has until the maturity date, to submit it to the drawee for acceptance at his home.
Article 275: 1. his withdrawal guaranteed that it should be submitted for approval at a given time, or without the required deadline. || | 2- and has that prohibits submit it for approval unless the non-worthy performance at the drawee or the other hand, is home to the drawee or worthy performance after a certain period of view it.
3- and may also prevent the submission of required Sindh for acceptance by the order given.
4- and appearance that are required and must provide the bond for admission to a particular or appointment without the appointment of the drawer had not been asked not to submit it for approval.
4- and appearance that are required and should provide authority for the admission date with or without a certain date unless the drawer has been asked not to submit it for approval.
Article 276: 1. outstanding drag performance bonds after a certain period of access must be presented for acceptance within one year of its history.
2- and drawer that required to shorten this period or extended.
3- and demonstrating that stipulate shorten this period.
article / 277/1-for lugged it may be asked to provide support for the clouds to accept again the next day for the first submission.
2- and does not accept the stakeholders claim that this request was rejected only if the application has been proved in a paper protest.
3- does not need bondholder offered to accept extradition to the drawee.
Article / 278 / - 1. written acceptance on the same support drag and is expressed in the word is acceptable or in any other similar expression, and appended to the expectation of the drawee.
2- and longer acceptable just put the drawee signature on the bond was issued.
3- If Sindh worthy performance after a period of access or had a duty to apply for admission for information on special condition, shall be the date of acceptance on the day he signed, unless enjoined pregnant date on the day of submission of the bond.
4- except the clouds of history may support for pregnant women in order to safeguard their rights of recourse against the endorsers or the drawer, prove this vacancy mediated protest submitted in time to be submitted where feasible.
article / 279/1 shall not be suspended on the condition of acceptance
2- but may lugged it may limit the acceptance on the part of the amount of the bond.
3- If implied acceptance of a formula on the last changes in the statement of Sindh data counting this amendment rejected him.
4- however remains stainless binding acceptance of the contents formula.
article / 280 / -1 if the eye of the drawer in the clouds to meet the guaranteed place is home to the drawee without appoint other person's name, which must be met to display, Jazz drawee this person set when the acceptance has not appointed by counting binding Order in place to fulfill .
2- If the bond worthy performance in the home of the drawee he may be appointed to the acceptance of a formula in the title that must be fulfilled where located.
article / 281 / A- becomes the drawee accepting support drag-binding by fulfilling when it is due. 2. if they do not fulfill it to the holder, even if he is the drawer himself, claiming stainless claim directly with all arise from Sindh and in accordance with articles / 309 and 310 / of this law.
article / 282/1 - If you write off the drawee accepted blogger on clouds support by the response count that a rejection of the acceptance.
2- the cancellation a reality before the re-bond unless proof to the contrary.
3- that if the drawee had informed pregnant or any other site acceptance in writing, became committed to them, about the contents accepted formula.
Chapter IV: security
article / 283/1-fulfillment guaranteed withdrawal amount may be guaranteed the whole or part of the guarantor of one or more. | || 2- and have this guarantee from anyone, even if those who signed the cloud support.
article / 284 / 1- written guarantee either on the same support and drag either on paper related
2- this is the guarantee for the formula acceptable collateral or any other similar expression Ivelha guarantor signature.
3- mentions in escrow secured the name and formula, but counting the holder of the drawer.
4- the guarantee exists if the grantor's put his signature on the bond was issued, however, be a drawer or withdrawn it.
5-may give a warranty on a separate instrument which shows the place where.
6- and guarantor of an independent instrument is not required, but before it comes with.
article / 285 / 1- committed guarantor including abide by the content person.
2- and be the guarantor's commitment to true even if the commitment that within void for any reason is not due to a defect in the figure.
3- If the guarantor fuller value clouds outcome of the rights guaranteed emerging him towards the content and who are committed to him under the bond.
Chapter V: Merit
article / 286/1 may withdraw worthy performance drag as follows support:
-when viewed B after a certain period of the Viewing
c after a certain period of the history of Sindh
2- and support containing the entitlement to another date or drag on successive appointments shall be invalid.
article / 287/1 - due to the drag performance bond Viewing be payable when submitting
2- and must submit to meet within one year of the date hereof
3- and drawer be required to shorten this period or extended.
4- and for demonstrating that stipulate shorten this period.
5- and drawers that are required not to provide support due to the drag performance available before the lapse of a certain order in this case for the introduction calculated starting from this term.
article / 288 / 1- applicable period that It deserves to fulfill its end in support clouds drawn after the expiration of a period to be found from the date of acceptance or the date of the paper protest.
2-If you do not submit the protest counting Empty acceptance of history hold for Negotiable on the last day of the period specified for submission of admission. || | 3- all that, taking into account the provisions of Article / 276 / of this law.
article / 289/1 support drag-rolled to a month or more of the date hereof, or to see the date of maturity is the date on which the corresponding month in which it must fulfilled.
2- and when there is no charge for that date in the month in which it must fulfill the maturity occurred on the last day of this month.
3- and if you pull the bond for a month and a half or months and a half months of the date hereof, or to see history it must start full account in months.
4- If making merit in the early month or in the middle or at the end of the month, was intended first day of the month, or the fifteenth or the last of it.
5- and phrases: eight days or fifteen days does not mean one or two weeks, but eight days or fifteen full day.
6- and is a half a month means a full fifteen days.
Article 2901-if the clouds support worthy performance on the day In a country where a given calendar differs from the calendar issuing country, considered that the due date may be identified according to the calendar country fulfilled.
2- If the withdrawal of the bond between the two countries of different calendar and was worthy performance after a period of its history.
attributed the date of issue in contrast to today's calendar fulfill the country and identifies the maturity date accordingly.
3- and calculates the date of submission of Sindh, in accordance with the provisions prescribed in the preceding paragraph.
4- and these provisions shall apply if the provision in the bond or deduced from the data contained therein the intention may go out to follow other provisions.
article / 291/1-on due fulfillment of clouds bondholders on a particular day or after a certain period of history or to see the history of it has to offer to pay on the day of entitlement 2. the to provide a bond to serve as a clearing house to provide to meet.
article / 292 / 1- to the drawee when Ivaih value of drag support to request the carrier delivered to him signed by the benefit of fulfilling.
2- and not for a pregnant woman to refuse to fulfill partly
3- If the partly fulfilled Jazz drawee be asked to prove that the fulfillment of the bond and to request a release so.
4- and all that pays out the value of guaranteed clouds healed him and superficial edema tug and Dhamnah and a pregnant woman to submit to protest what remains of it.
Article / 293/1 does not force support drag on the receipt value holder prior to maturity | || 2- If fuller drawee prior to maturity held liable for that
3- and fuller in the maturity date he discharged his duty unless fraud or serious error.
4- and he has to checking the sequence of endorsements.
5. but he is not obliged to installing from the health of the signatures of endorsers.
article / 294 / 1. If the condition of the fulfillment of clouds support the currency is in circulation in Syria Jazz fulfillment of its value in the currency of Syria, according to the exchange rate on the day of maturity. || | 2- If lax debtor to fulfill Vllhaml choice between claim value of the bond calculated at a price of Syrian currency on the day of maturity or the day of fulfillment.
3-and current practice in the place of fulfillment is what counts in the appointment of foreign currency, but the drawer that requires calculating the amount duty and fulfillment by price set forth in Sindh.
4- and advanced provisions shall apply when the drawer is required to be the fulfillment of certain foreign currency.
5- If designate the amount of the bond in a currency bearing a common name value is different in a country that issued their value in country fulfilling performance is assumed to be the currency of the country to fulfill.
article / 295 / 1. If you do not provide guaranteed withdrawals to meet on the day of maturity may owe each deposit worth implementation Department or the court of the country have to fulfill.
2- and be the expense of it, followed by the responsibility of the carrier, and the author department or court competent to free a statement having a history of age and maturity and the name of the picture in the origin of his interest increased on other facts to be proved in the minutes of the deposit and deliver this statement to the applicant.
3- If pregnant student debtor Order is not on the last delivery of the deposit, but in exchange for the withdrawal support.
4- and that the holder of the deposit is arrested under that statement.
5- If the debtor depositor did not deliver a statement of deposit to the holder of the bond, he shall fulfilling its value .
article / 296 / - the opposition does not accept the fulfillment support drag unless it has gone bankrupt or bearer.
article / 297 / If you have support withdrawn unacceptable Jazz worthy value that calls for honoring the one under the other copy.
article / 298 / - if the clouds lost support coupled with acceptance may not be honoring the claim under one of the other copied except by order of the court and subject to the performance of the sponsor.
article / 299 / - from lost him support drag either accepted or combined No, he can not provide one other copy, he may obtain an court is honoring yet to prove its ownership to him and provided that the sponsor.
article / 300 / - in the case to refrain from fulfillment wasted clouds support after a claim under the provisions of the two preceding articles must be the owner, maintain all his rights, to prove that a protest submitted by the next day for entitlement to that bond, and communicated to the drawer and endorsers on the dates and conditions set forth in article / 306 / of this law.
article / 301/1 owner must lost support drag in order to receive a copy of it to return to the back of his bond.
2- and committed to this theme by helping him and his permission to use his name in claim former appearance and so on because the rest of the endorsers and one by one until it reaches into the drawer of Sindh.
3- and all the expenses that are the responsibility of the owner of Sindh lost.
4- committed every appearance after the delivery of the second edition of the drawer to prove an endorsement in writing them.
5- and Atsah claim to fulfill under the second version except by order the court provided that the sponsor.
in accordance with the provisions of article / 299 / of this law.
article / 302 / elapses guarantor described in materials / 298 and 299 and 301 / hereof commitment After a lapse of three years if you do not get during the course claim and a lawsuit before the courts.
Chapter VI: Return of the claim and the non-acceptance or non-fulfillment of
1. Back pregnant:
article / 303/1 to the holder of the clouds support when not fulfilling his maturity Return the superficial and tug and others who are required to do.
2- has the right to refer to those prior to maturity in the following cases: (a) in the case
refrain from acceptance in whole or in part
(b) in the case of bankruptcy of the drawee whether it has accepted the support cloud or had not been before him, and if he stopped paying what it is, even if a stop has not been established by virtue of in the case of booking is the glory of his properties.
(c) in the case of bankruptcy of the drawer clouds unconditional support not submit it for approval .
3- but the guarantors may be when you return them in the cases shown. in paragraphs (b, c) may request to the Head of the civil Court of first Instance at home and within three days from the date of return they give them set a time to meet, and if the president found a reason to request appointed in his time, who should be the fulfillment of clouds bonds gets it provided Oleightjaoz granted the promised date set for the entitlement.
4- and does not accept the appeal in this resolution by any method of appeal.
2- protest: conditions and appointments || | Article / 304 / 1- must prove to refrain from acceptance or to meet in a formal instrument (protest for non-acceptance or non-fulfillment)
2- and must submit a protest for non-acceptance within the time limit assigned to view clouds guaranteed admission if signed his first show for acceptance in the situation described in the first paragraph of Article
/ 277 / of this law on the last day of the deadline for this offer may also be submitted protest the next day, and must be submitted to protest the failure to meet all withdrawals due performance on a particular day guaranteed or later a certain period of history or to see the date, in one of the daily work the following day its due, and if the clouds support worthy performance has viewed it shall submit the protest to the failure to meet the deadline assigned to view Sindh to meet.
3- and sing protest for non-acceptance of the submission guaranteed clouds to meet and protest for non-fulfillment. In the case stopped the drawee fulfill either has accepted Sindh mother had not before, in the case of booking his properties is the glory no bondholder may refer to Dhamnah only after the submission of the drawee for loyalty and after the submission of the protest was not met.
4- in the case of the bankruptcy of the drawee, whether before the bond may or may not kiss as well as in the case of bankruptcy of the drawer Sindh unconditional not submit it for approval, the submission of the rule of the month Bankruptcy enough in itself to enable the carrier to use their rights of recourse against guarantors.
Article 305: If he drag guaranteed by check or wire transfer or mailing a select number of backing unsatisfied and dates of maturity, the provision of the protest at the failure of the check within the legal deadline or ultimatum demanded the transfer by notary during the two days of action to Lilian Report beneficiary non-payment hawala, takes the place of provision of the protest at the failure of the bond if signed after the expiry of the deadline for that, and the drawee in this case responded authority for the case and not subjected to the death misuse credit.
Article 306: 1. must drag bondholders that sends to the appearance of him and His notice of non-acceptance or failing to fulfill during the following four working days of the day of protest or for a day submit it for approval or to meet if included on the condition return without expenses.
2- and must on every aspect during the next two business days of the day he took notice that surrounds note notice of appearance received indicating to him the names and addresses of those who have previous notices and so the appearance to another until it reaches the drawer drag support.
3- and starts the Promised for each appearance of the day on which the notification is received from the previous appearance.
4 - and when I feel one of my drag guaranteed under the provisions of the preceding paragraphs shall also notify guarantor at the same time limit.
5- If no one endorsers address or shows him were not readily available in a read only previous appearance notice him.
6- and may whom he must notice that doing on any image, even cold the same bond.
7- and he has to prove to serve notice on the date specified in him.
8. the Promised Mraeia If you sent the notice in which the book by mail.
9- not result in not sending the notice in unseasoned fall of any of the rights, he must do, but it will be at the appropriate responsible to compensate the damage resulting from the negligence, the compensation shall not exceed the value of the cloud support. || | Article 307: 1. the drawer and any appearance or underwriter that exempts clouds bondholders when prompted on the face of the back of the lodge a protest of non-acceptance or non-fulfillment of Matthew was written on the bond (claim no expenses) or (without protest) or a similar phrase, signed the condition of it.
2- does not exempt the carrier from the requirement to provide the bond in a timely manner or send notices required.
3- and of sticking by pregnant not to take account of these appointments prove it.
4 - If the drawer wrote this condition a secret to all signatories.
5- If either written by one endorsers or one of the guarantors do not take effect unless it alone.
6- If the foot dragging protest bondholders Although the condition is bearing alone expenses if the drawer is the one who put the condition.
7- But if the condition issued by the appearance or underwriter may refer to all signatories expenses protest the action.
Article 308: 1. His support drag-and-offset and appearance and guarantor officials all before the holder on the face of solidarity
. 2- and bearer demanding individually or collectively without being required to observe the order of the commitment of all of them.
3- and prove this right for each site on clouds fuller support its value.
4- the case against the one committed not prevent the remaining claim, even if their commitment to those who later held the first lawsuit.
Article 309: 1. the holder support drag claim his right of recourse by the following:
A value of the bond is not acceptable or is paid with interest that was conditional.
B benefits calculated was worth the legal effect of the maturity date with respect to the writ drawn and payable in Syria, at a rate of 10% for other BPOs. || | (c) the protest and notices expenses and other expenses.
2- and if used the right of recourse before the Sindh bring down the maturity of its value is equal to the official discount rate in Syria in the history back to who and where the home is located pregnant.
Article 310: those who fulfilled support may drag claim Dhamnah, including the following:
1- All what Novak.
2- benefits amount that Novak legal price calculated from the day of fulfillment for the award withdrawn and outstanding performance in Syria and calculated at a price of 10% for BPOs other.
3- expenses incurred.
Article 311: 1. each is committed to use the right of recourse against him or have been targeted because it may request in the case of his loyalty to the support received with the paper the protest, including a release tool.
2 - and each appearance fulfilled Sindh Strike endorsement and endorsements endorsers subsequent to him.
Article 312: 1. in the case back to the one committed to the extent of the value of the unacceptable drag support person who has met so much to ask the holder to prove that the fulfillment of the writ and give Clearance him.
2- and a pregnant woman on top of that to betray him a copy of the guaranteed withdrawal attested by him to the effect that replica and deliver the paper to protest in order to enable him to return to the other, including tool.
Article 313: 1. Down what to support drag-holder of the rights to the superficial and tug and others committed except offset limitations on specific dates for the following: (a) provide
bonds payable at sight or after a given time of it.
shall submit protest against acceptance or not fulfilling.
(c) to provide support to meet withdrawals in case incorporates the requirement of reference without expenses.
2- or falls is located toward the drawer unless he proves that he Find in exchange for the fulfillment of the due date and then not be the only holder lawsuit against the drawee.
3- If the clouds support was not presented for acceptance, within the period Achtrth Taker fell rights holder in the back because of non-acceptance and non-fulfillment, but if it is found from the condition is that the drawer was not intended only to exempt himself from the guarantee of acceptance.
4- If the appearance is the condition in which an endorsement set a time to offer support for clouds to accept he may only take advantage of what the condition.
Article 314: 1. If the case without displaying clouds support or protest without providing specific dates in Hail can not Vtmdd overcome these dates.
2- and a bond that the holder feels without delay of his back to him and that the incident compulsive prove this notice dated and signed by him in Sindh or in the paper related.
3- and who sent him notice informing of the back of his bond and sequence in accordance with 306 article of this law.
4- and a pregnant woman after the demise of compulsive incident Showing Sindh to accept or to fulfill without delay and upon submission of the protest when necessary.
5- If force majeure continues more than thirty days calculated on the maturity date may refer to non-observant of the need to show the bond or submit the protest.
6- If the bond is due to fulfill as soon see it, or after a certain length to see Sri date thirty days from the date on which the pregnant woman feel of Sindh appeared to him the incident had occurred even if this date occurred before the expiration of the time fixed for display.
7. If the bond is due to fulfill after a period of access is compounded by the thirty-day deadline specified period for payment after reviewing.
8- not considered such Alhawwat Cairo matters related to someone pregnant or who tabbed presenting or submitting protest about it. | || Article 315: 1. the submission of the protest of non-acceptance and protest of failing to deliver in accordance with the conditions established in the law of due process mediated by notary.
2- and protest should be directed to the home of the bond obligor fulfillment or to another home unknown to him and to the home of people appointed in Sindh for loyalty when necessary and to the home by him by way of intervention.
3- and have it all in one sheet.
Article 316: include paper to protest the literal image of the bond and what proved the acceptance and endorsement phrases with said person who got recommendation by accepting the bond or fulfilling when appropriate, it should also include alarm fulfillment of its value, and stating the presence or absence obligated to accept or fulfill and reasons to refrain from acceptance or meet, and the inability to put countersign or to abstain from alerting notary fulfill. || | Article 317: does not hold any protest shrine in the case of loss of Sindh and then apply the provisions of articles 297 to 302 of this law.
Article 318: 1. must notary to conduct a protest that leaves a true picture of those who face him this protest, and that restricts protest papers entirety day after day, taking into account the order of the dates in a special register numbered pages and index it duly.
2- being mentioned constraint in the way in which the index records the record, if the Palace, it was binding for compensation before stakeholders.
article / 319 / -1-all those who have recourse to the other guarantors under the clouds to meet the guaranteed value by dragging a new bond is due to the performance found in the home of the guarantor unless stipulated otherwise.
2- and include the value of support pulling back on the amounts described in articles / 309 and 310 / of this law, plus Madf from commission and fee stamps.
3-If the drawer guaranteed return is pregnant, Vthdd value on the basis on which determines under which the value of drawn support when viewed from the side, which was the original bond payable on the side where the home of the guarantor.
4- If the drawer is a endorsers, its value determined on the basis on which determines under which the value of the drawn support available from the home to which the drawer support Back on the home in which the guarantor.
article / 320 / -If colorful back bonds, there may be a claim his original bond and every aspect to him, but the expenses guaranteed return one.
article / 321 / - for the bondholder submitted failing to fulfill his protest along with his money right back after following the prescribed actions in this regard, to sign the permission of the competent judge booked up funds both committed under the bond planned for this in due process procedures follow the law.
Chapter VII: intervention
Article / 322 / -1-for His support drag-and-appearance and guarantor may appoint an acceptable or paid, where appropriate, and this is called the authorized person.
2-and may be subject to the conditions follows a statement accepting the bond or to fulfill anyone intervening in favor of a debtor be targeted to return it.
3-and may be from a third party intervener may also be the drawee or someone who is committed under the bond, but may not be recoverable intervention.
4-must intervener intervening to feel the impact of intervention to his advantage during the two days following the work and only when necessary was obliged to compensate the damage that resulted from negligence on condition that such compensation shall not exceed the amount of the bond.
2-way acceptance intervention
article / 323 / -1-acceptance is by way of intervention in all cases where the holder where support is permissible width acceptance recourse before the date of maturity.
2-If appointed to support withdrawals from acceptable or result in value when necessary to place his loyalty is not to the holder that is due before the planned repurchases of issued him the appointment, nor the subsequent signatories to him unless Presentation of Sindh from the eye to accept or loyalty when necessary and he refuses accepted and proved this refrain paper protest.
3-holder and in other cases refused to accept the winning path interference.
4-Lama If passed, it loses the right to go back before the maturity of the person who signed the acceptance of his interests and the subsequent signatories.
article / 324 / -1-logging accept drag support by way of intervention on the bond itself and signed by the intervenor.
2-mentions the acceptance of a formula name got to intervene in his favor and not counting the holder to intervene in favor of the drawer.
article / 325 / -1-stainless committed to the path of intervention by the pregnant woman and the subsequent endorsers who received intervention in his favor, including abide by the latter.
2- the person who received intervention in his favor and Dhamnah although for the path of intervention acceptance may collect from the carrier support drag-and-paper protest and clearance if there is a release, so if they had faithfully amount shown article / 309 / of this law.
article / 326 / - 1-may be the fulfillment of clouds support the path of interference in all cases that the bearer where at maturity or before recourse to the devout.
2-this would be the fulfillment of the performance of all the amount that should have been the recipient of intervention to favor his performance discharge of his duty. | || 3- and must fulfill the most located in the following day, the last of the period, which is true on it to provide the protest after a fulfilling day.
article / 327 / -1-if for susceptible to support drag-path interference or for those involved in the loyalty when appropriate home in place of fulfillment shall be the bearer display them all and make Maahar not Alo fulfillment if he has appropriate and that at most the next day the last of the date specified in the day to make this protest.
2-it did not submit the protest in this period was the person who set unperformed, or the person who signed the acceptance of his interests, and all Almzaron Subsequent in a solution of their obligations.
article / 328 / -az clouds bondholders refused to fulfill the intervenor, he loses his right of recourse against the discharged were discharged this fulfilled. || | Article / 329 / -1-must prove to fulfill the path of intervention words indicate the arrival value written on the clouds support and stating who got loyalty to his advantage and not counting the fulfillment of a holder for the benefit of the drawer.
2-and must deliver guaranteed clouds unperformed also must be delivered to him a paper protest that there was a protest.
Article / 330 / -1-unperformed accidentally acquires intervention All rights arising out of the clouds towards the support received from the fulfillment of his interests. and against those who have committed some of the latter under the bond but is not allowed for this unperformed endorsement.
2-and discharged receivables endorsers subsequent to those who got fulfilled for their own good.
3-If offers several people to meet by way of intervention was an edge to those resulting Ivaih patent receivables more than a few entrepreneurs.
4-intervention and to meet a scientist that his intervention in violation of the rule of Advanced fell right to refer to those who were discharged without this intervention.
Chapter VIII: multiple copies and images
article / 331 / -1-editing support may drag on multiple mirrored.
2-and must be kept on board each copy of her own, otherwise considered every copy of an independent bond. | || 3-and each holder support did not mention where he was the sole, to ask for copies of it at his expense.
4-and he must to this end, to return to the person who has his back to him and this be assisted to return to the previous appearance and Atzlsl so ends to the drawer.
5-and every appearance that codifies an endorsement on new copies.
article / 332 / -1-fulfillment guaranteed draw under a copy of the exculpatory edema, though it was not conditional on the fulfillment of this rule invalidates copies other.
2-is that the drawee remains committed to fulfilling all under admissible copy of it has not recovered.
3-and feel that support drag copies to different people appeared. And Mzaroha Subsequent obligated under all copies bearing the signatures did not get recovered.
Article / 333 / -1-on who sends one copy support withdrawal of admission to shows in other versions of the name is that copy in his hand.
2 - and the latter to hand it over to the rightful holder of any other copy of the rejection shall not be delivered to the holder a right of recourse unless he proves paper protest.
a-the version sent for acceptance had not been delivered to him while his request them.
b-acceptance or fulfill did not get under another version.
article / 334 / -1- holder drag support that frees him pictures.
2- and photographs must be identical to the Sindh continued exactly as carrying from endorsements and other data to be a blog where, and writes them to copies of the original has ended at this point.
3-may endorsement image and assurance on the face being the original.
4-and have this picture of the origin of provisions.
article / 335 / -1-shows should be in the form of drag-name support from a hand origin.
2-and on the latter that this originally delivered to the holder of the forensic image declined so do not have a holder's recourse to Mzareha or Dhamneha protest unless it proves that the original did not deliver to him at his request.
3-wrote and if the asset after another endorsement happened before the work is a picture (since it now Aasah endorsement, but the picture) or any other similar expression , every endorsement written on the original thereafter be void.
Chapter IX: interpolating
article / 336 / -If distortion occurred in the body of clouds committed to support who they signed thereafter under board typeface, either under the former undersigned Fmlsmon The original board.
Chapter X: obsolescence
Article / 337 / -1- statute of limitations for each proceeding arising out of the clouds towards the support was offset by the lapse of three years from the due date.
2-rack suits either toward the drawer or endorsers and fall After a lapse of a year from the date of the protest submitted in time worthwhile or from the due date that included the bond on the condition return without expenses.
3- and endorsers statute of limitations for lawsuits against each other or against the drawer After a lapse of six months from the day when the appearance has fulfilled the bond or the day on which it erected the lawsuit.
article / 338 / -1- of limitation shall not apply in the case of dates of the establishment of the lawsuit, but the last day to hold them.
2-and Eisera the statute of limitations if the ruling religion or confession obtained under a separate instrument.
Article / 339 / -lecon for the interruption of the effect only for those who took him move cutter effect.
article / 340 / -1-defendants should religion despite the expiration of the statute of limitations deadline to endorse the innocence of the same covenant oath of debt if requested to them its alliance.
2-and their heirs or other successors to swear on oath that they did not know that the deceased died, and was discharged preoccupied with religion.
atheist tenth chapter: General provisions Article
/ 341 / -1-if agreed drag guaranteed entitlement to a public holiday honoring the claim may not be until the next working day.
2-and also may not be any further action related to Sindh and particularly his offer to accept or lodge a protest, but in the working day.
3- If you must take any of these actions in a given time, it falls on the last day an official holiday extends this period to the next business day.
4-Lama-day public holiday that permeate the Promised calculated it.
article / 342 / -laadechl in the legal time limit account or the Convention on the first day of it.
article / 343 / -laijuz granting any judicial appointment or illegal except in cases provided for in articles / 303 and 314 / of this law.
article / 344 / -1-called word (Signature) in this book the Signature and seal and fingerprint 0.2-must be attested by two witnesses on his seal or signature that he signed before them, including a world signed it.
Part II: Sindh ordered to
Article / 345 / -eshetml Sindh to the order of the following: 1
data-it clause or phrase (support order) written in the body of Sindh and in which he wrote them.
2-pledge is hanging on the requirement to perform a certain amount of coins.
5-must be the name of the performance to him or to his order.
6-date the establishment of Sindh and place of its creation.
7-signing of established Sindh (editor).
article / 346 / -sind free from one data mentioned in the previous article do not consider a bond to the order, except in the cases outlined in the following paragraphs:
1-bond-free male date Merit be worthy performance with the view it.
2-place if performance did not mention that the place is mentioned next to the name of the editor is the place of performance and home to the Editor at the same time.
3-bond-free place of its creation is mentioned in the place of origin set beside the editor's name.
Article / 347 / -alagam relating to bail clouds with regard Ptzaarh and maturity and loyalty and return because of failure to meet and protest and fulfill intervene, images and interpolating obsolescence and public holidays and the calculation of deadlines, appointments and prohibit the granting of judicial and legal appointments and remand all trace of the bond to the order of all, to the extent not inconsistent with what it is. Article / 348 / -tsri the (bond order) provisions related bond due drag performance at the home of one of the gentiles or in the other hand is the body that the home of the drawee and the requirement of interest and differences in the data amount to be paid and the consequences of signing and the signature of a person for describing him or someone exceeded the limits of his mandate.
article / 349 / -tsri also is the basis for the provisions relating to support cloud security. If not mentioned in the security content format name it is a holder of bond editor to something.
Article / 350 / -1-committed support for the Editor is such Maaltzm him Negotiable drag support.
2-either assign it due date after a performance viewed it must be submitted to the editor in the Promised set out in Article / 276 / of this law puts them stand pointing access dated and signed him.
3-starts this period from the date notation mentioned.
4-If the editor refrained from setting Advanced notation shall prove this refrain protest ever be the principle of life-cycle access.
Part III : check
Chapter I created the formula
article / 351 / -eshetml check on the following data:
1-word (check) written in the body of Sindh and in which he wrote them.
2-something is hanging on the requirement to perform a certain amount of money.
3-name of the obliged performance (drawee).
5-date the establishment of the check and place of its creation.
6-signing of the established check (drawer).
article / 352 / -sind free one-mentioned data do not consider imminent, but in the situations described in the following paragraphs:
1-if you did not mention the place of performance the place who mentions the name next to the drawee is a place to pay the several's locations mentioned beside the name of the drawee be a check payable performance in the first set replace it.
2-except if the check of this data or any other statement was and duty performance at the place where the main shop is located where the drawee.
3-if devoid of a statement Mahal construction counted in the place of origin set out the drawer next to the name.
article / 353 / -1-checks may not be withdrawn unless the bank.
2-instruments issued in Syria due to the fulfillment of which is drawn on a bank in the form of a check not be considered valid checks.
article / 354 / -1- is not permitted to issue a check unless the drawer with the drawee at the time of its inception money can dispose of them by check, according agreement express or implied between them.
2- and the drawer of the check or order other drag to perform his duty in exchange for his loyalty.
3-drawer However, it remains to calculate other responsible in his personal capacity by the endorsers or pregnant and not others.
4-in the drawer without the other to prove in the case of denial to pull him the check he had in exchange for his loyalty at the time of its creation, and not be a guarantor of fulfilling even if the protest was filed after the deadlines.
article / 355 / -1- to Aqubol in check, and if He wrote the words on the check (acceptance) if I came back were not.
2- that he may drawee that the marks on the check and this reference stating the existence of exchange for the fulfillment of (the pantry) in the history of notation.
3-may lugged him to believe on the check and the phrase stating approval presence against the fulfillment of the date of approval and honoring his pledge for a pregnant woman.
article / 356 / -1- may require performance check:
a- to a named person with a text which explicitly (it) with or without the condition.
(b) to a named person with the stated condition (no order) or any other phrase stating this condition.
c-check to the holder.
2-and a check drawn for the benefit of a named person and laid it on the words (or bearer) or any other phrase stating that meaning is imminent bearer.
3-checks inclusions (on condition of susceptibility to trading) to Atdf only to those who had received campaign associated with this condition.
article / 357 / -1- may withdraw the check to the order of the drawer himself. || | 2-and may be withdrawn for someone else.
3-and can not be withdrawn on the same drawer, but when it is withdrawn from one institution to another institution both for himself and His condition not be fulfilled due to the bearer.
article / 358 / -kl requirement interest in the check is considered not to have been.
article / 359 / -ajos requirement for the fulfillment of the check at the home of one of the gentiles, either in the home where the drawee or in any other party, provided that this non-banks.
Article / 360 / -tsri to check the provisions of articles / 251 and 252 / of this law relating to bail clouds.
article / 361 / Ensures drawer fulfill every requirement exempts itself from its drawer this warranty is considered not to have been.
Chapter two: trading check
article / 362 / -1- check unconditional payable to a named person negotiable by way of endorsement even if it did not explicitly mention the word (to the order).
2-conditional and check payable to a named person and Blog the phrase (not order) or any other similar expression is subject traded to the provisions of the assignment of rights established in the civil law and not others.
3-true endorsement, even for His himself or anyone committed to another and have all these people the right to an endorsement.
Article / 363 / -1- endorsement must be free from every condition, every condition commented upon endorsement is considered not to have been.
2-partial endorsement is false as well as the endorsement issued by the drawee.
3-and endorsement (bearer ) is an endorsement in blank.
4-and endorsement (the drawee), but do not consider Clearance (receipt) unless the drawee several institutions and received endorsement for the benefit of non-Foundation, which pull out the check.
article / 364 / - apply to check the provisions of articles / 265 and 266 and 267 and 268 and 269 and 270 / of this law relating to bail clouds.
article / 365 / - endorsement written a check to bearer makes appearance liable according to the relevant provisions of reference is that the endorsement does not make the instrument a check to the order.
Article / 366 / -1- subsequent endorsement of the protest or winning after the deadline to submit the check to Aantj only the effects of the provisions related assignment in receivables due in civil law.
2-the endorsement-free date he was prior to the submission or the protest had been before the expiry Promised mentioned in the previous paragraph unless he proves the contrary.
3-endorsement and may not provide the dates that happened is a forgery.
Chapter III: security
Article / 367 / -tsri to check the provisions of Articles / 283 and 284 and 285 / of this law relating to bail clouds, except those provided for in Article / 384 / of it in relation to the security of the passport drawee.
Chapter IV: Provide check and loyalty
article / 368 / -1- be the check and fulfill the duty of every view it is contrary to a statement it is considered as if it was not.
2-and a check made to meet the day before the date set for issuing a duty fulfilled in the day of submission. Article / 369 /
-1- check drawn in Syria and the duty to fulfill it must be submitted to meet within eight days.
2-it was checked out in Syria and the duty to fulfill within it be submitted within twenty days if the point of issuing a reality in Europe or in any other country and is located on the Mediterranean beach and within seventy days if the point of issuing a reality in non-country foregoing.
3-starts the Promised aforementioned day shown on the check that the date of promulgation. Article / 370 / -If
withdraw imminent between the two countries of different calendar refer to the date of issuing the corresponding day in the calendar country fulfilled.
article / 371 / - is to provide a check to one of the clearing houses as a provision to meet. || | Article / 372 / -1- the drawee to reimburse the value of the check even after the deadline for submission.
2-opposition and not accept the drawer on his loyalty, but in the case of its loss or Tbilisi bearer.
3-drawer if Viewer despite this ban for other reasons shall be the judge of urgent matters at the request of the carrier to order the lifting of the opposition, even if the original suit.
article / 373 / - If the drawer died or become incapacitated or went bankrupt after the creation of the check, it is not an impact the provisions of the check.
article / 374 / -1- fulfilled if the drawee value of the check, he may be received from the pregnant woman asks signed by him Baltkhals.
2-it is not permitted for a pregnant woman to refrain from accepting partial fulfillment, and if the return for the fulfillment of less than the amount of the check to the holder may be asked as far as the performance of Mahnalk compared to fulfill.
3-and if partially met Jazz drawee be asked to prove that the fulfillment of the check and request a release so.
4-all Maidf out the value of the check healed him edema tug and superficial and Dhamnah and on the check holder to submit to protest what remains of its value.
article / 375 / -1-if made several checks at the same time and was Maldy drawee is not enough money for the fulfillment of all shall take into account the order of the dates of issuance.
2-If the checks provided separated from one notebook and carry date of issue and one former Valavdilah of the check digit.
article / 376 / -1- of imminent fulfilled the value of non-opposition from one counting fulfilling right and without prejudice to the provisions of Article / 393 / of this law.
2- If fulfilled drawee check the value of Negotiable endorsement he has to verify the regularity of the sequence of endorsements and is not obligated to verify the validity of the signatures of endorsers.
Article / 377 / -1- if the condition of the fulfillment of the check currency is in circulation in Syria Jazz fulfillment of its value in the deadline for submission of the Syrian currency, according to the price on the day of fulfillment.
2-fulfilling if not located in the day of application Vllhaml choice between issuing a check worth calculated at a price Syrian currency on the day of presentation or on the day of fulfillment.
3-and if you gave a check for the first time after the expiration of the deadline for submission was a lesson for the price of the day that ended date of submission.
4-and current practice in Syria to assess the foreign exchange is what counts but may drawer be appointed to check the price, which is calculated Kan value due fulfillment.
5-and not apply the preceding provisions when the drawer is required to be the fulfillment of certain foreign currency.
6-and if the amount of the check had a common currency bearing a name worth vary in the country issued its value in a country fulfilling assumed the performance will be the fulfillment of a country he does.
article / 378 / -tsri to check the provisions of articles / 297, 298, 300, 301 and 302 / of this law relating to bail clouds.
Chapter V: underlined the check and the check in the account unrestricted
Article / 379 / -1-drawer to check or to bearer that Astrh.
2-and have an underline effects set forth in article / 380 / of this law.
3-being underline develop two parallel lines at the check was issued. | || 4-and underline be general or specific.
5-If except between the lines of any statement or written between the lines word bank or any other word in this sense was the underlining years.
6-Lama If you wrote a bank name particular between the two lines was a special underline.
7-year and may be underlining turn into a special underline, either private underline not turn into an underline year.
8-and longer if all the write-off of an underline or not to designate the name of the bank.
article / 380 / -1-may not be the drawee to carry out a check is underlined Tstira years only to one of its clients or to the bank.
2- and can not be drawn for him to carry out a check is underlined special Tstira only to the designated bank or to his client that this bank is the drawee.
3-however the bank may resort to designate another bank to capture the value of the check.
4-and can not be any bank that gets Crosscheck only one of its clients or from another bank or The arrested value to calculate other people is the stated 0.5-If pregnancy check several Tstirat private is not permissible for the drawee fulfilling, but if he holds Tstiran was one for the collection of value-mediated Clearinghouse.
6-and if you do not take into account the drawee or bank previous rulings, it would be bound to compensate the damage as much as the value of the check.
article / 381 / -1- may drawer of the check and the bearer that Amanaa fulfilling Cash put the following words (of an entry in the account) on the back of the check or any other similar phrase in this case can not be that being the payment of the check by the drawee except by way of limitation in the records (adoption in the account, transfer or clearing) and enrollment in the recordings takes the place of fulfillment.
2-and considered null and void all the write-off of the phrase (in the account).
3-and the consequent failure to observe the drawee advanced provisions should be liable for damage compensation not exceeding the value of the check.
article / 382 / -tsri provisions of the previous article on containing the constraint clause in the account issued outside Syria. || checks | Chapter VI: Return due to non-fulfillment of Article
/ 383 / -1- holder to check back on the endorsers and the drawer and others who are required to do if submitted on time and did not pay for it and proved to refrain from fulfilling one of the following ways:
a paper-formal protest.
(b) a statement issued by the drawee historian written on the same day the check with your submission.
C-historian statement issued by the Clearing House stating that the check is presented at the time and did not pay for it.
2-called word of protest is also in this law on those statements in both cases contained in paragraphs / b, c / from this article, unless otherwise provided
Chapter VII: Article protest
/ 384 / -1- must prove to withhold payment means indicated in the previous article before the expiration of the deadline for submission.
2-If the presentation took place in the last day of this period may prove to abstain on the next business day to him.
article / 385 / -tsri to check the provisions of articles: / 306, 307 and 308 / of this law relating to bail clouds.
article / 386 / -lhaml check claim his right to consult it including the following:
1-amount of the check is paid.
2- benefits starting from the day of application calculated legal Bmadelha for checks drawn and outstanding fulfilled in Syria and at the rate / 10% / for other checks.
3- protest expenses and notices and other expenses.
article / 387 / -lmn fulfilled imminent demanding Dhamnah, including the following:
1-all what Novak.
2-benefits amount that Novak calculated starting from the legal price on fulfilling for checks drawn and outstanding fulfilled in Syria and the calculated price / 10% / for the checks other.
article / 388 / -tsri to check the provisions of articles / 311, 315 and 316 / of the Act relating to bail clouds.
article / 389 / -1-if case without displaying the check or without protest or Mai PEOPLE shrine protest in the designated appointments Hail can not overcome it extends these appointments, according to the provisions of the Procedure Law.
2-on the check holder to feel without delay of his back to him the incident-compulsive disorder, and that proves this notice dated and signed by the check or paper relating to its 0.3-and who sent him a notice informing the back of a check, and Atzlsl according to Article / 306 / of the Act .
4-pregnant and after the demise of compulsive incident show the check to fulfill without delay and if appropriate provide Mai PEOPLE protest or take his place.
5-If the force majeure lasted more than fifteen days counted from the day in which he date pregnant appearance notify the occurrence of the incident compulsive though this date occurred before the expiration of the date of submission of the check, you may refer to the non-observant of the need to provide a check or make the protest or Mai PEOPLE shrine protest.
6-are not considered such as coercive incidents relating purely personal things stand check or including tabbed submission or submission of protest or Mai PEOPLE shrine protest.
Chapter VIII: multiple copies
article / 390 / -1- except check that the holder may be withdrawn check multiple copies match each other that was withdrawn of the state and owed fulfilled in another country, or in a part of Mawaqah countries across the seas or vice versa, or was withdrawn and worthy fulfilled in part or different Ijza of the state lies across the seas.
2-and if you pull a check more than one copy shall be kept in the body of each copy of which was her own and not seen each copy of an independent imminent.
article / 391 / - apply to check the provisions of Article / 332 / of this law relating to bail clouds.
Chapter IX: interpolating
Article / 392 / -tsri to check the provisions of Article / 336 / of this law relating to bail clouds.
Article / 393 / -1- drawee bear alone the damage resulting from the imminent fake or interpolated if it can be any ratio an error to set out his name in the drawer of the instrument.
2-in particular, the drawer is mistaken if it maintains the Muslim checkbook to him with due care.
Chapter X: obsolescence article / 394 / -1- fall limitations suit the check holder to the drawee After a lapse of three years, calculated from the date of expiration of the deadline to submit the check to meet.
2- the statute of limitations on the return of pregnant endorsers and the drawer and others who are committed to the lapse of six months calculated from the date of the expiration date of submission claims.
3. the statute of limitations for various reference committed to the fulfillment of the check toward each other lawsuits After a lapse of six months calculated from the day when fulfilled committed or the day on which Khosam claiming it back.
4-and Atsagt After a lapse of advanced appointments lawsuit on the drawer that has not provided in exchange for the fulfillment of or foot and then checked out all or some of the claims on the rest of devout who got a win unfairly.
article / 395 / -tsri to check the provisions of articles: / 338, 339, 340, 342 and 343 / of this law relating to bail clouds.
Chapter atheist ten: General provisions Article
/ 396 / -Your renewed debt creditor to accept a check delivered to satisfy his debt, the original debt remains in place with all of his money until he died guarantees the value of this check.
article / 397 / - is applicable to the check the provision of Article / 321 / of this law relating to bail clouds.
article / 398 / -1-punishable by a fine not to exceed twenty-five thousand Syrian pounds each issued a check for the place has not issued logging, and anyone who has issued a check without date or proved it history is not true, and all of the imminent withdrawal of the non-bank.
2-governs itself a fine on the first appearance of the check or the holder of a vacancy in the check of the statement issued place or date, or in which he wrote later date as the date of endorsement or submission.
3-and not one of them recourse to these fine on the other.
4-also governs these fine on both fulfilled a check be free of place or issuing date of receipt of this and all of the check for clearing.
5-governed this is also a fine on each of the check is not issued to him in exchange for full earlier in fulfillment of its release.
6-all without prejudice to the application of the provisions of the Penal Code where appropriate.
7-check and do not consider the free version if you mention the place where the availability of what is shown the last paragraph of Article / 352 / of this law.
article / 399 / -1- each bank handed his client white checkbook for payment of his closet which writes that on every newspaper from name of the person who took him and account number.
2-all contrary to the provision of this article shall be punished perpetrator a fine not to exceed twenty-five thousand Syrian pounds.
article / 400 / -iequb fine of not less than ten thousand pounds and not more than twenty-five thousand Syrian pounds each drawee said knowingly the existence of exchange for the fulfillment of less than what he has.
article / 401 / -1-if erected on the drawer prosecuted in accordance with articles / 652 and 653 / of the Penal Code may Prosecutor Profile to ask the competent referee his criminal court an amount equal to the value of the check without without prejudice to the right, where appropriate in all the implications.
2-and the right holder to claim their rights in front of the ordinary courts if he so chooses.
Article / 402 / -kl bank refused in bad faith and the fulfillment of his imminent return for the fulfillment of the drawee clouds right gave no objection to the dismissal be liable to the drawer for what personal injury due to non-fulfillment of what is right and be considered financial harm.
article / 403 / -ataleg term (bank) in this law to all persons and institutions that contest banking business.
article / 404 / - do not apply texts contained in the door of the check, which refers to other provisions in the door dragging guaranteed only to the extent that do not conflict with the nature of the check.
Part IV: backing other viable way to move endorsement
article / 405 / - 1 - all committed to support with his hand over a sum of money or quantity of lesbians in a certain time and place, may move in a manner endorsement if the origin of the face of explicit words matter.
2 - and have the endorsement is subject to the provisions of article / 263 / of this law ff own endorsement support clouds unless the law or the provisions of the bond the same offense.
3 - and you do not owe to protest the reasons for non-payment of the reasons arising from the bond itself and the reasons are owned directly against the prosecutor that, unless the plaintiff in bad faith.
4 - not be forced to meet, but in exchange for delivery of support it having to mention the receipt.
article / 406 / if the ladder for amortization guaranteed withdrawal or bond for something or other backing midwife endorsable no longer that a renewal of the contract that were not the will of the parties benefit the contrary.
Part V: movable values
article / 407 / - that stocks and corporate bonds and corporate income and other bracket negotiable issuing wholesale and authorizes the right of equal values of money and can be priced in one of the financial markets, may be nominal or bearer or is subject to provisions contained in the door of the institution of joint stock companies in Syria.
article / 408 / - 1 - If the bond and grew up to be the bearer Vantqalh Once delivery.
2 - each holder of this bond is a recipe for use by the competent rights. As long as the debtor had not received a legal objection be paid to the bondholder to Mbria discharged.
3 - and not for the debtor to protest against the bondholder but the reasons for payment based on the invalidity of the bond or the bond arising from the text itself.
Article / 409 / - 1 - If the bond was nominally right of the owner to prove Bajrad registered in his name in the records of the institution that issued the bond.
2 - and established ownership of this bond of this registry. Article / 410 / - 1 - it is discharged from the nominal bond statement stating Jump codifies in the records and Aoukqa it full-time or his agent.
2 - and the right of the institution city before recording a full-time to ask the owner permission to prove his identity and his incompetence.
3 - authorizes such release new owner who registers really personally and directly, not the institution city that named invokes him any reason to pay respect to the reasons for the owners of former Sindh.
article / 411 / - shall be the nominal backing that include deductible coupons entitle the holder the right to benefits, dividends and interest are met (called mixed backing).
Article / 412 / - 1 - to assign movable property values is transmitted in a manner endorsement.
2 - and the endorsement is subject to the rules governing the endorsement clouds support unless there is a violation of the provisions arising from laws and regulations, or what the bond itself.
Magistrate condom bankruptcy
Part I: reconciliation condom
article / 413 / - Every dealer before stopping to meet or within ten days after this stop to ask Mgh Civil initially in the area where its head office to call creditors to offer them peace with protective bankruptcy.
article / 414 / - 1 - the trader to submit in support of this request books commercial compulsory and organized according to the assets since at least three years, or the start of a period of turning professional trade if less than three years, and also to provide a document proving his registration in the trade register and a detailed statement and an estimate of his work and a statement of the names of all its creditors with reference to the amount of debt each of them and place of residence.
2 - and if so specialized company highlights the installed Documents to the establishment, in accordance with the rules.
3 - and the dealer that illustrates the reasons for which he asked the Magistrate, and that the distribution rate, which intends to offer to its creditors or the reasons that prevent the disclosure in the case for his proposals shows, and also appoints collateral or personal, which it provides to its creditors. | || 4 - and in any case shall not be amended proposal less than thirty percent of the out of the ordinary debts if the deadline to fulfill one year shall not be less than fifty percent if eighteen deadline was months no less than seventy-five percent if the deadline of three years.
article / 415 / - 1 - on the court after hearing the public prosecutor to decide in the deliberation room demand response in the following cases:
a - If the trader has not filed books and documents mentioned in the previous article. || | b - if he has already been sentenced to fraudulent bankruptcy or fraud or theft or misuse of credit, fraud or embezzlement of public funds or was not as committed in the Magistrate's markets earlier or if he had a month bankruptcy previously did in completely or not all creditors debt does obligations Magistrate entirety. c - If you did not provide sufficient guarantees for the distribution of the amended proposal.
d - If after the closure of shops or fled or hid embezzled or squandered in a way cheating or fraud is an important part of his money.
2 - In all these cases, if a trader has stopped commercial fulfillment of its debt, the court decides on its own bankruptcy month.
article / 416 / - 1 - if the court ruled that a legal demand and acceptance behooves Vtomr by a decision does not accept any of the means of audit call creditors to come before a judge on secondment for discussion and deliberation in the Magistrate's proposal condom.
2 - the court functions of the Director judge.
3 - the court may pledged functions mentioned or interconnected to one Magistrate courts in the region.
4 - Director judge appointed meeting place, date, time within thirty days at the most from the date of the court's decision also appoints the Promised which must month of this decision and communicate it to the creditors.
5 - appointed also a commissioner of the non-creditors to be his mission in the meantime, the Commercial Project Management and ascertain him, what it of debt and an investigation of how the debtor acted then submit a report to the mass of creditors in this regard.
6 - and it It was appointed to the trader bankrupt set a time not more than five days to complete the statement containing the names of his creditors when the merchant in his application not being able to provide a complete this statement in the case.
7 - at the request of Director of the judge referred to the decision of the court to explain signed by a judge or writer and underlining in another blog entries in the trader's books and then they are returned books, also it referred to in under the debtor.
article / 417 / - 1 trade record - the court clerk month decision-brokered ads plastered on board of the Court and the publication summed up in one newspapers and request registration in the commercial register, all within a period appointed in the same resolution.
2 - If the statement of the names of the creditors is incomplete or found it necessary to expand in the month, the court shall have the right to decide publishing in additional newspapers.
3 - the court may decide to publish summary in foreign newspapers, too, if it so requires 0.4 - and the writer must know the creditors on behalf of the debtor and the name of the director of the judge and the name of the Commissioner and the date of the decision concerned invitation creditors and place of the meeting and its history, with a brief statement of the proposals of the debtor. Being served by the record or registered mail or other means of rapid communication.
5 - and must include the file paperwork to get installed a month and report to creditors.
Article / 418 / - 1 - since the date of filing of the application to the the gain included ratification Magistrate strength of the case should be made up of any judgment creditor has no right hand earlier support for the date of the judgment to initiate or pursue executive, said the treatment of acquired any lien on the debtor's money or be registered subject to real estate or insurance, all under penalty of nullity. || | 2 - remain competent suspended the statute of limitations deadlines and fall claims and rights that had been cut off because of the actions described in the foregoing.
3 - The regular debt which has no privilege is payable shall cease their usefulness to the creditors only.
4 - the amounts due in taxes and that was excellent not subject to legal effects set forth in this article.
article / 419 / - 1 - in the course of conciliation the protective measures the debtor remains in place and manage his money perseveres to do all the normal business of his trade under the supervision of competent Commissioner and managing director of the judge.
2 - the right for them to Atalaaa on business notebooks all the time.
article / 420 / - 1 - does not apply for the creditors donations and other dispositions impoverished and sponsorship held by the debtor in the course of conciliation proceedings Defensive.
2 - the same rule applies if the debtor to borrow money even if the borrowing in the form of bonds or commercial debtor held a reconciliation or arbitration conducted Bauaa or no income in the exercise of his trade or arranged on the subject to his money or insurance without a license from the Director judge . It is not entitled to the judge that authorized so only if its usefulness is clear enough to the creditors.
Article / 421 / - 1 - if the debtor violates the provisions of the two preceding articles, or proved that he hid a portion of its assets or neglected intentionally said some creditors if Ed generally committed fraudulent acts in the judge lifted Director matter to the Court to decide a month Bankruptcy
. 2 - does not preclude the imposition of penal sanctions against the trader who violates the provisions of this article and the provisions of articles (419-420) of the Act.
Article / 422 / - 1 - after briefing the Commissioner on the debtor's books and supporting documents, and based on the information that enables the collection, Commissioner judge verifies the validity of the statement of creditors and debtors and enters the necessary adjustments and shows the amounts due to the debtor or him.
2 - and is entitled to when appropriate to ask the owners of the relationship clarifications necessary.
3 - and then puts the Commissioner without delay a detailed report on the status of the debtor's business and the actions and filed this report, the Office of the Court prior to the meeting date appointed to reconcile three days at least.
article / 423 / - 1 - chaired by Director judge creditors meeting.
2 - and each creditor is entitled to reside with him a special agent holds the agency in writing and may be written this agency without any treatment of the invitation letter or the Telegraph.
3 - and the debtor or his legal representative to appear in person with him, the agency does not accept it, but if it can not generally absolute presence and check the judge of that director. It must in this case from a private agency.
4 - After reading the judge commissioner's report provides the debtor's final proposals.
5 - and if you can not accomplish all the transactions in the designated day follow-up is considered a deferred judgment to the nearest working day, without the need to inform the creditors of them again until the absentees. Being it on like this until the transaction.
Article / 424 / - 1 - for each of the creditors to present reasons they believed to be this or that or doubtful debt that the debtor is not worthy of indulgence that he craves or that his proposals is plausible.
2 - and owes lead his answer, and he must give all the clarifications ask him.
3 - then little summary of all of these things in the record includes all documents to him. || | Article / 425 / - 1 - must agree to the Magistrate condom majority of creditors who participated in the vote, and the majority representing at least three-quarters of the debt is outstanding and unsecured mortgage or Moved insurance or immovable 0.2 - that it is permissible to creditors franchisees, mortgages, insurance real estate or real estate that participate in the formation of this majority, provided that they give up their right to use the given insurance for them.
3 - it may be limited this concession on the part of the secured debt and its accessories provided that the section waived certain and not less than one-third of the total debt.
4 - that participate in the vote of non-declaration of partial waiver and acceptance of conciliation, which then will discuss below, stating inevitably waiver of securing the entire religion.
5 - taking place in court resolution Althbyt expense increase that could take place in the debtor's assets on the impact of this vote and this acceptance.
6 - inevitably fall effects waiver of privilege or mortgage or real estate insurance or non-real estate, and this was partly waived if no conciliation or decide invalidated.
Article / 426 / - 1 - do not fall in the majority set out in the previous article debt expense pair debtor and the debt of his relatives and Msahrih up to the fourth degree including this class.
2 - also deprived of voting those who have achieved this debt way full-time or bid during the year preceding the request for conciliation.
3 - If the assignment of the debt occurred after the decision to invite the relevant creditors does not grant the right to vote in making peace.
article / 427 / - 1 - on Director judge that the mention in the minutes of the names of the creditors who accepted the Magistrate, and on those to sign all of them on the record.
2 - Included in the majority who have expressed their acceptance of a book or a telegram to the director of the judge or to the writer in the five days following the conclusion of the account Minutes of the meeting.
3 - and restricts the writer of this acceptance on the sidelines of the record and join it to him.
article / 428 / - before signing a record in which the judge director codifies a decision shall be placed in the record calls by stakeholders to attend a particular meeting in front Court Magistrate for ratification within a period not to exceed twenty days. Article / 429 / - 1 - the Commissioner must submit to the Court by the designated court session to ratify three days his lollies in the possibility of accepting the Magistrate.
2 - offers a director a judge report in the session.
3 - and the right of the debtor and creditors to intervene in the debate.
4 - the court that calls for the Commissioner to the deliberation room to get clarification from him after the note sent to the debtor and creditors interveners.
Article / 430 / - Court estimated in the rule of ratification on a temporary basis and on the basis of clues to the importance of the authorized debt, amounts to verify the presence of the majority Almguetdhah while retaining what can be issued later judgments gained strength issue should be made up.
article / 431 / - 1 - If the court ruled that the debtor is worth to take advantage of the Magistrates and the objections set forth in the preceding articles do not eliminate the required majority and the Magistrate's proposals not less than the legal minimum and it's legitimate and implement substance, and decides to ratify the Magistrate.
2 - under the court at the same rule should be deposit quota distribution accruing debt authorized.
3 - as if the court refused to ratify the Magistrate must announce bankruptcy on its own.
article / 432 / - 1 - is not entitled to the debtor before it performs all the committed to play in making peace to sell or mortgage his estates or to establish secure rights and, in general to give up part of its assets is a way necessitated by the nature of his business or industry, unless there is agreement to the contrary in making peace or in another decision issued in accordance with the conditions set forth above The court believed him.
2 - and all the work done by the debtor as opposed to the ban is ineffective against the previous debt holders to ratify the Magistrate.
article / 433 / - 1 - must be the month of the verdicts, Judge Magistrate to reject or ratify it.
2 - and this month, according to the rules that will determine below to rule the month of bankruptcy.
article / 434 / - 1 - offenders are entitled to creditors to object to the ratification of the peace in during the five days of the closing date of the final record.
2 - and must contain this objection on the reasons and communicated to all of the debtor's commissioner and judge.
3 - not subject to appeal, but of the same debtor or creditors of the objectors.
4 - The date the appeal is fifteen days.
5 - and when it acquires the referee's ratification of the Magistrate force the issue should be made up Commissioner Judge task inevitably only end if the contract expressly provided Magistrate assigned monitor its implementation.
6 - A expenses and the amounts that must be determined by the judge for control director. And each agreement to the contrary is void.
Article / 435 / - 1 - to believe the Magistrate's protective effect is binding on all creditors.
2 - The creditors, including those who bless contract Magistrate retain all their rights against the debtor's partners in the religion and Akaflaih and third parties who emptied their debtor for his rights, he is entitled to them, to intervene in the debate to make observations regarding the Magistrate.
article / 436 / - personally responsible partners benefit from the company's debts from the Magistrate granted to it unless it includes a provision making peace contrary.
article / 437 / - 1 - in every trading company issued corporate bonds valued at more than twenty percent of the total debt on them, may not be granted Magistrate unless the General Authority for the owners of attribution mentioned and approved the proposals by a decision in accordance with conditions quorum required majority in the shareholding companies.
2 - the approval of the General Authority for the owners of the award due loan, whatever the ratio between the amount of debt resulting from the backing and the total public debt if making peace includes special conditions do not comply with the conditions under which appointed when Asadar backing in specializes holders.
article / 438 / - wherever there is the benefit of holding a public body for the owners of corporate bonds Valmied which identified previously to call creditors can be increased to sixty days.
article / 439 / - The owners of corporate bonds It stipulated a performance bonus when its not confined to claim a price version, but they add to him the part that Asthakoh of remuneration for time served.
article / 440 / - 1 - the court may at the request of any creditor shall be submitted within three years from the date of month rule of ratification, that invalidated the Magistrate that the debtor be declared bankrupt if it is proved that he deeply deception in debt incurred by him or concealed determine a substantial share of its assets.
2 - and does not accept any other suit for Champions Magistrate after ratification. | || 3 - If the rule overturned the Magistrate acquitted edema sponsors who did not participate in the resourcefulness of the obligations incurred by them in making peace and fell judgment mortgages and other insurance established in the same instrument.
article / 441 / - If the debtor does not implement all the obligations stipulated in the contract are entitled Magistrate each creditor after the prosecution of sponsors and invoke the rights Almmnouhhaly for insurance to ask for the dissolution of the peace and the bankruptcy of the debtor.
article / 442 / - 1 - it may be required in the contract, but the Magistrate discharged merchant final from the department of religion projected under this contract, but if it remains insolvent.
2 - that the period of application of this requirement should be limited to five years, as required to increase the value of the debtor's assets for the debts incurred by him at the rate of twenty-five percent, at least.
bankruptcy Chapter One month bankruptcy
article / 443 / - while retaining the application of the provisions of the previous section is considered in the case of bankruptcy every dealer business stops paying its debts, and every dealer does not financial support by means of confidence, but it shows clearly illegal.
Article / 444 / - 1 - wielding bankruptcy by virtue of the Civil Court of First Instance that no region in the main center of the debtor's business.
2 - and this ruling accelerator force.
3 - and if you spent several courts in the same month Bankruptcy merchant himself be appointed authority.
4 - defamed Bankruptcy Court may have jurisdiction to see all lawsuits originating competent bankruptcy rules.
article / 445 / - 1 - may be filing of the case to the court a statement from the same merchant.
2 - and must be performed in the remark within twenty days from the date he stopped payment under penalty of being convicted of a misdemeanor Bankruptcy Altgosaira.
3 - and that it is filed in time the same incredibly detailed budget on the compliance of the state of its assets and debt required of it.
article / 446 / -1- may also raise the case to the court summoned provided by the creditor or creditors.
2-Maaad must not exceed three session days from the date of the call recording.
3- in urgent cases, as if the merchant closed stores and fled or hid a significant portion of its assets, creditors have the right to review by a court in the deliberation room and then the Court shall decide the case in the deliberation room without an invitation opponents. | || Article / 447 / -1- the court may order to take measures to maintain the rights of creditors precautionary measures at the request of the public prosecutor or on its own.
2- the court when required to be declared bankruptcy on its own as well. | Product-|| / 448 / month -1- may bankrupt merchant who retired or died in trade Maaad years commencing from the date of his retirement from trade or from the date of his death if he stopped payment to retire earlier or death.
2- may heirs deceased merchant may request a month bankruptcy, taking into account the Promised mentioned in the preceding paragraph.
article / 449 / -1- must month bankruptcy judgment includes a set stop time of payment.
2- the court may be traced back time stop payment to the earlier date by virtue of one or several provisions alter the date mentioned issued based on the director's report or the judge of its own motion or at the request of any interested party, particularly the request of creditors, and shall be entitled to any of the creditors that the audit on the unit.
3. may not accept this request after the expiration date mentioned in the article / 503 / of this law. After the expiry of this period it becomes history, who was appointed to stop payment on a specific face does not accept the audit point of creditors.
4- In all cases can not be traced back to stop payment to more than eighteen months before judging month bankruptcy.
article / 450 / -1- must affix the referee month bankruptcy provisions Judge alter the date of cessation of payment within five days of the issuance mediated agents bankruptcy in the lobby of the court that issued at the earliest of the stock Exchange Center and the stock market and the door of the business of the bankrupt institution.
2- must also publish its conclusion during the Promised himself in one of the daily newspapers.
3- and should this deployment is in place that month in which bankruptcies and in other places that have a busty where businesses.
4- and must at the same time that these provisions are recorded in the record store and to report to the public prosecution by the author.
5- and may Busty that exhibits all review methods in the mentioned provisions of the confrontation was the opponent and agents to intervene in the bankruptcy proceedings.
Article / 451 / -1- these provisions accept all review methods, unless this law provision to the contrary.
2- and accept the methods listed in all judgments handed down in Alavlassah materials.
3- begin legal deadlines for review ways from the day following the verdict.
the appointments relevant provisions for transactional Embed and deploy conclusion in the daily newspapers to begin from the day following the completion of these transactions.
4- not be in the way tapping the review exercised by the bankrupt any impact
Chapter II position: the direct effects of the rule of the month bankruptcy
article / 452 / -1- included the names of traders who are declared bankrupt and did not regain their mind in a table pasted on the door of every Mgh in Panel stock market announcements and the stock market.
2- or merchant name is included in the table If the deceased was a time of the month of bankruptcy.
3- In other cases, costing the bankrupt merchant name after his death six months.
article / 453 / - Down the political rights of the bankrupt, bankruptcy may not be for him to be a voter or elected in political councils or professional it does not function or a public mission. Article / 454 /
-1- inevitably entail a judgment of bankruptcy a month from the date of issuance abandon bankrupt bankruptcy agents for the management of all his assets, including money that can be educational achievement in for bankruptcy.
2- may not be the busty particular to sell any of his assets is not entitled to do any fulfillment or arrested if only to fulfill in good faith commercial support.
3- and can not be contracted may sue in court only as an intervener in the cases where the agents antagonize the bankruptcy. Give more attention to it and with the provisions of paragraph (5) of Article / 450 / of this law.
4- on that he can do all the backup work for the maintenance of their rights.
Article / 455 / -1- does not include the abandonment rights that do not belong only person bankrupt or as head of a family, or rights dealing with a purely literary interest.
2- to accept that intervention agents in the bankruptcy proceedings if it devolves to the judgment sum of money.
3 - and also does not include the abandonment of the money that the law provided for the lack of usability of the book nor the profits that can be educational achievement bankrupt his activity or industry, and so on as much as what he considers the judge director proportionate to the need of the bankrupt to support himself and his family.
article / 456 / -1 - consequent verdict month bankruptcy stop a feud ordinary creditors or holders of the franchise in the individual litigate. 2. confined rivalry after the issuance of this provision in the bankruptcy of the agents is distinguishing between civil and commercial debt of debt.
article / 457 / - the referee stopped the month of bankruptcy, just a block for the creditors, unsecured debt into force to secure the benefits of the eyes and can not claim them only out of funds generated from the sale of funds provided insurance.
article / 458 / - 1 - referee drops the month of bankruptcy term debts owed by the bankrupt.
2- does not include this fall its partners in the commitment.
3- and benefit from the fall term holders to secure its creditors.
4- and holders attribution of bonus loan when fulfilling that Abrsoha off in bankruptcy as stated in the door of the Magistrate condom.
Article / 459 / - 1. If the busty kind or intellectual or commercial rights subject to registration in a special register shall agents recorded the bankruptcy judgment bankruptcy in the said registry.
2- month record judgment of bankruptcy in the Land registry by agents of the bankruptcy.
3- and establish this registry, the date of hindsight, algebraically insurance for the benefit of the block Aldainyen .
article / 460 / -1- the following actions shall not be valid over the mass of creditors if the debtor has ceased after the date of payment as a court-appointed or during the twenty days prior to this date.
a- actions and Altafrgat harmful impoverished creditors with the exception of small gifts authorized by the court.
(b) the fulfillment of the debt prior to maturity whatever form it occurs.
c fulfillment debt owed cash without money or with support withdrawn or assign to order or remittances, and in each year the fulfillment Bmaonh.
d create a security interest on the debtor insurance funds for an earlier debt.
2- If fulfilling got paid for a full-time drug does not have to be null effect only towards the creditor who contract with the bankrupt, nor touches nullity rights received their right of such creditor against the allowance provided that they are bona fide. Article / 461 / - each fulfilling another outstanding debts carried out by the debtor and each act carried out by mosquitoes after a stopover for payment by the referee month bankruptcy may be sentenced not to into force about a block creditors.
article / 462 / -1- the lack of work force Advanced mentioned permit when necessary to establish recovery suit.
2- and if the place of death or imminent withdrawal of support must not be held only on the lawsuit mentioned the person who was given the bond or the check to their account.
3- As if in place of the fulfillment of a bond is not permissible to be held on the lawsuit, but the first appearance.
4- in both cases, evidence must be held that a person who ask him to respond if he knew the time of the interruption of the bond debtor for payment.
article / 463 / -1- under a mortgage or insurance after logging referee month bankruptcy ineffective against the mass of creditors.
2- and may be sentenced not to force restrictions taken after stopping payment or during the twenty days that preceded If more than fifteen days between the date of the establishment of mortgages or insurance and the registration date and if the delay has hurt the creditors.
article / 464 / - statute of limitations for claims not to force stipulated in articles: / 460 / and / 462 / and / 463 / of this law over eighteen months from the day the month of bankruptcy.
Chapter III: the bankruptcy proceedings
1- Authority bankruptcy:
article / 465 / -1- received the bankrupt funds management fee required to agent named agent bankruptcy.
2- month and includes a judgment of bankruptcy agent or several agents appointed for bankruptcy.
3- and can in any time be increased to three the number of agents.
4- and determine their expenses and salaries of the director's decision to the judge.
5- and are entitled to the debtor and creditors to object to the decision to determine the expenditure within a period of eight days and the court shall decide the objection in the deliberation room .
article / 466 / - shall be appointed at any time by a decision of judge Managing observer or observers from creditors nominate themselves for this task.
Article / 467 / - shall not be appointed as an agent for bankruptcy recently or smelters busty up to the fourth degree including this class.
Article / 468 / - when necessary to add or replace the agent or several agents for bankruptcy Veradja judge Director court which holds the appointment is.
article / 469 / -1 - If there are several agents for bankruptcy are engaged together.
2- that it is entitled to the judge that the director gives them an agent or several agents special permission to carry on privately some administrative work and in this case, the agents authorized officials alone.
article / 470 / - 1. If signed objection to some of the agents Vivsalh judge Director within a period of three days.
2- the decision judge Director accelerator force.
article / 471 / -1- judge director is entitled based on the complaint submitted to it by the bankrupt or from creditors or from its blown to propose to isolate the agent or agents according to the bankruptcy case.
2 - If the judge director did not consider such a complaint within a period of eight days can be submitted to the Court of appeal.
3- hear the then Court of Appeals judge and Director studying NOTES agents report room and deliver its judgment in a public hearing.
Article / 472 / - the competent decisions to appoint agents or dismissal of the bankruptcy does not accept the only way to challenge the appeal.
article / 473 / -1 holds the civil Court of first Instance in place of the verdict month bankruptcy functions entrusted to this law to each of the Director judge and the Court.
2- and have to entrust the functions of director of the judge or some of them to one of the Magistrate courts in the region.
3- but when the law entrusts to the court approve the director or the judge to consider the objections submitted by the decisions of this Court is intended regard is the Court of appeal that owns the Court of first Instance that issued the mentioned resolutions.
article / 474 / -1- judge managing costs in particular to speed up and monitor the work of the bankruptcy trustee and management.
2- and he has to be submitted to Court report on all disputes arising from the bankruptcy and be within the jurisdiction of the Court.
article / 475 / -1- deposited Director judge the decisions of the Court of the court case of issuance.
2- and are in any case subject to intercept all Any interested party before the Court of appeal.
3- and the Court of appeal may also be considered on its own.
4- objection shall be filed in the form of a simple statement to the Office of Court within five days from the date of the decision and the court that separated within a period of eight days does not accept the decision to appeal.
article / 476 / - to the Court at any time to change the judge director for bankruptcy with other members do not have this decision and the decision to appoint judge susceptible to remedies.
2- administration of the bankrupt's assets:
article / 477/1 - on the court to order the like month of bankruptcy put seals.
2- and entitled to all the time in order to notify the bankrupt to attend and arrest. | || 3- and in any case may not be the busty alter his homeland without permission Director judge.
4- If the judge director felt that it could be an inventory of the assets of the bankrupt in one day but not the seals placed immediately begin to organize inventory. || | 5. the Director judge put seals and may delegate the justice of the peace in the area where this measure is going on.
Article / 478/1 - the seals placed on shops, warehouses, offices, funds and binders and notebooks and papers and movable property of the bankrupt and his things.
2- In the case of bankruptcy of solidarity M. very firm put seals on the main center of the company, but must be placed in the home of each of the general partners individually.
article / 479 / - if they are not seals placed before the appointment of agents bankruptcy, for those that request placed.
article / 480/1 - the director of the judge ordering his himself at the request of agents bankruptcy not to put seals on the immediate things or to grant the license extracted (clothes, clothing and furniture necessary and luggage bankrupt and his family).
2- and being handed what was allowed by the judge director according to the statement, which raised him Agents bankruptcy.
3- and also has the right to authorize not to put seals on:
a- things recoverable loss of a relative or an urgent shortage of value.
b good things to invest in the store if you can not arrest this investment without damage to the creditors.
4- write down the things referred to in the preceding paragraphs off with a statement of its value in the inventory puts agents in the presence of Director bankruptcy judge is regulated so minutes.
article / 481/1 - licensed judge Director sells removable objects to destruction Oonaks urgent in value or that require maintenance expense seriously and done mediated agents bankruptcy.
2- may not be for the court to allow investment Store mediated agents bankruptcy only upon the Director judge's report if the public interest or the interest of creditors required by virtue of necessity.
article / 482 / - 1-extracted judge director of business notebooks between things sealed and handed over to agents of the bankruptcy after the marks on the other limitations and proves in the record briefly state they were in those notebooks 0.2 - also extracted judge Director of the sealed file bonds with a short maturity or the stomach to accept or that require backup transactions and pass it, after mentioning their descriptions to the agents of the bankruptcy to collect the value of things.
3- The other debt Vistofiha agents bankruptcy in exchange for guaranteed delivery of them.
4- The books sent to the bankrupt Vtsam to agents bankruptcy. And the right to bankrupt if present to attend unseal and seen it.
Article / 483 / - may bankrupt and his family to take from the bankruptcy judge determined living aid director at the suggestion of agents of the bankruptcy assets.
Article / 484 / - 1-calling agents bankrupt bankruptcy to close the books and stop their accounts with his presence.
2- If you do not meet the call should be sent to him warning the audience during the forty-eight hours at the most.
3-and can be represented by an agent, provided a special book to show reasons prevented him from attending the judge sees director plausible.
article / 485 / - If the bankrupt did not provide budget for agents that bankruptcy Anzmoha without delay, relying on the bankrupt's books, papers and information they receive and then placed the budget after the ratification of the accountant legal Office of the Court.
article / 486 / - shall be the judge hears the words of the director of the bankrupt and his book and its users and everyone else, whether with regard to the organization of the budget, or the bankruptcy of the reasons and circumstances.
Article / 487 / - a month if the bankruptcy dealer after his death Ootova merchant month after the bankruptcy of his heirs are entitled to bring their own or their representatives Innibua them to do the shrine bankrupt organizing budget and to all other bankruptcy proceedings.
Article / 488 / - ask agents bankruptcy lift the seals to embark on an inventory of the bankrupt money in his presence, or after calling duly and so within a period of three days from the date of application of seals or from the date of the judgment of bankruptcy a month if the measure had been before its release.
article / 489 / - 1 -aniz agents bankruptcy inventory in the presence of Director judge on two originals and signed by the judge on them and deposited one of these two versions Diwan court within twenty-four hours and keep the other version in the hands of agents of the bankruptcy.
2- and agents bankruptcy should turn to who they want to organize the inventory In estimating the value of things.
3- and interviews for things that were exempted from the application of seals or extracted from the sealed things and put her inventory and valued as stated above.
article / 490 / - 1. If bankruptcy a month after the death of the bankrupt did the inventory had not organized by the renowned is prescribed off-organized and the picture shown in the previous article in the presence of the heirs or after duly invited.
2- and being up on this picture if the bankrupt died before the opening of the inventory .
article / 491 / - 1. Agents bankruptcy in every bankruptcy must raise to the Director judge within fifteen days from the date of receipt of their report or account for the overall state of bankruptcy phenomenon and the conditions of the basic causes and descriptions that appear to be characterize.
2- and Director judge to transmit that report without delay to the public prosecutor with his remarks.
3- If the report did not raise it in the Promised Almzkor.flah that the public prosecutor knows the reasons for the delay.
article / 492 / - judges are entitled to the public Prosecution to move to the home of the bankrupt to stand up to organize the inventory and have all the time to ask all transactions placed competent and notebooks and papers Baltfelich.
article / 493 / -After the completion of the inventory received the goods and money and the assignment of the debt resulting from the busty, books, papers and furniture debtor and his luggage to the agents bankruptcy Vioukon on their receipt of them at the bottom of the inventory.
article / 494 / - 1-be agents of the bankruptcy of the pending receipt of their duties to do all the work needed to maintain rights to the bankrupt debtors.
2- and they also have to ask under mortgages and insurance on the property of the bankrupt debtors if not the bankrupt may request being agents of the bankruptcy restriction as the mass of creditors and embrace to request a certificate proving their appointment.
3. they must ask a specialist in insurance and forced the mass of creditors.
article / 495 / - agents continue under the supervision of the bankruptcy judge Managing debts collection of busty.
article / 496 / - 1 - have the right to judge Director after hearing the words of the bankrupt or after calling the duly authorized agents in the bankruptcy sale of movable objects and goods.
2 - and decides to hold this sale either consensual or auction implementation mediated circle.
3 - and it is entitled to the judge director after hearing the bankrupt and poll observers that they are, to authorize its agents bankruptcy on an exceptional face in the sale of real estate, particularly real estate not required for investment Store in accordance with procedures designated as follows for the sales of real estate after the report of the Federation of creditors. | || Article / 497 / - 1 - delivered off the money generated by sales and collections to the bank metaphor him to accept deposits State era less amounts determined by the judge director for expenses and expenses.
2 - and must prove to the judge director of this deposit for the deadline three days from the date of arrest.
3 - If the delay agents they are obliged to benefit amounts that have not Aodaoha.
4 - can not retrieve the amounts deposited by the agents and the amounts deposited by other people on behalf of the bankruptcy only by a decision of the judge director, and if there is an objection for agents to obtain in advance a resolution lifting.
5 - the judge may Director may order payment from the bank directly Walid creditors of the bankruptcy, according to the schedule of distribution of regulated agents bankruptcy and ordering the Director judge its implementation. | || Article / 498 / - 1 - have the right agents with the permission of the bankruptcy judge and the director after a call by the bankrupt assets that Asalihua in every dispute concerning the mass of creditors, including the rights and real estate litigation.
2 - If the subject of reconciliation is a certain value or was worth more than fifty thousand Syrian pounds are subject reconciliation ratification by the court.
3 - and named the bankrupt to attend treatment of ratification and shall have the right in any case unobjectionable enough objection to prevent the holding of reconciliation if the theme of real estate funds.
4 - is not entitled to the bankruptcy agents make any waiver or renunciation or bending, but in the same way.
3 - debts installed on the bankrupt:
article / 499 / - 1 - can creditors once the verdict that month Bankruptcy surrender agents bankruptcy Asnadhm with a table out and the amounts required, and sign a creditor or his agent on this table includes a mechanism agent mandate.
2 - gives agents the bankruptcy guaranteed delivery highlighted stock file.
3 - and can send this file to Agents bankruptcy registered letter with knowledge of access.
4 - and reconciliation Commission after the re-agents bankruptcy papers handed to them and are not responsible for bonds only for one year from the date of this body.
article / 500 / - 1 - If you did not emerge creditors who have restricted their names in the budget to assign their debts in the eight days following the verdict month bankruptcy reach at the end of this period brokered by publication in the daily newspaper or a letter from the agents of the bankruptcy that they must Asnadhm delivered with a detailed schedule to agents bankruptcy within a period of five ten days from the date of publication.
2 - and extend this period for creditors residing outside Syrian territory and according to the rules established in the Code of trials but not later than thirty days extension.
article / 501 / - 1 - is being achieved debt mediated by agents with the help of the bankruptcy and observers found that while retaining the consent of the Director of the judge and in the presence of the bankrupt or after calling duly.
2 - If agents bankruptcy opposed the health of the whole or part of the debt to the creditor They inform it registered letter.
3 - and given creditor ten days to submit written or oral clarifications.
Article / 502 / - 1 - Following the completion of the achievement of the debt within three months at most from the date of the judgment month bankruptcy, filed agents bankruptcy courtroom statement debt that they achieve them together with the decision made by the judge director based on their proposal with respect to each of them.
2 - and the writer knows that creditors immediately deposited this statement mediated by publication in newspapers and sends them Moreover book shows where each of them amount unrestrained in his statement.
3 - in the very exceptional circumstances can override the date specified in the first paragraph under the decision of the director of the judge.
article / 503 / - 1 - each creditor proved his religion or his name was included in the budget shows that within eight days from the date of releases referred to in the previous article demands or objections to explain the statement puts it himself or through agent and deposited the Office of the Court.
2 - and given to bankrupt the same right.
3 - after the expiry this period and based on the agents bankruptcy proposals while preserving the demands and objections before the court puts the judge Managing final debt statement and executes agents bankruptcy decision by signing a declaration stating the names of the creditors and their attributes and their acceptance as a religion and its value.
article / 504 / - 1-forwarded debt objectionable mediated by the writer to the civil Court of first Instance for consideration by the hearing shall be held within thirty days from the date mentioned in the article / 502 / of this law, publication and adjudicate upon the Director judge's report.
2- the date of the hearing to the content of the two teams brokered book Author sends it before the hearing at least three days.
article / 505 / - 1. the court may decide to temporarily creditor should be admitted in the discussions to the amount designated by the same resolution.
2- ICON and this decision may be any means of recourse.
article / 506 / - 1. the creditor who Eitnol objection only the right kind accessory accept to discuss the bankruptcy ordinary creditor.
article / 507/1 - creditors who failed to attend or highlighting assignment of debts in the designated appointments for them, whether they Malomin or unknown Aastrkon in the distribution of the bankruptcy assets.
objection that the door remains open them up to the completion of the distribution of the money, but objection expenses, remain on their shoulders.
2 - the implementation of this objection Aaoagaf distributions ordered by the judge director, but if embarked on a new chapter in the dividend before the opposition Victrcn where the amount that the court appointed a temporary basis and retains this amount to the post-season in their opposition.
3- If admitted them later as a creditor is not entitled to claim some distributions that had been ordered by the judge, but director entitled to Aguettawa of assets that the quota belonging to the debts of the previous distributions have not been distributed.
article / 508 / - The bonds that Osdrthashrkh commercial legal face shall not be subject to the treatment of debt check.
Chapter IV: bankruptcy
1- Magistrate simple solutions:
Article / 509 / - 1. The Director judge within three days following the closure of the debt schedule or within three days after the court's decision, issued pursuant to the provisions of article / 505 / of this law, if there is a dispute, may invite mediated Writer creditors who have proved their debts to negotiate in making peace.
2- and must include newspapers, leaflets and books advocating the purpose for which the meeting is held for him.
3- creditors who accepted their debts temporarily alleges each and every one of them a registered letter in during the three days following the court's decision about them.
article / 510/1 - is being held under the chairmanship of Director Haihalmassalhh judge in the place, day, hour appointed.
2- and involving creditors who have proved their debts permanently or temporarily accepted either on their own or mediated agents have a mandate to ordinary books.
3- and bankrupt called to this meeting and he must appear in person and can not be for him to send his representative only acceptable reasons and approved by the judge director.
article / 511 / - 1. Agents bankruptcy report on the condition and the transactions and operations conducted.
2- and you should hear the words of the bankrupt.
3- and delivers a report Agents bankruptcy containing the signatures to the Director judge that regulates the minutes, including the judge It was at the meeting and the decisions issued by the Commission.
article / 512 / - It is not permitted to creditors present at the board meeting to accept making peace after the bankruptcy of the following conditions are not available under penalty of nullity:
1- contract must be adopted by a number of creditors constitute the majority and have two-thirds of the installed debt on a final face or temporary.
2- must Aastrk voting pair bankrupt and his relatives and Massahroh to the fourth degree including this class nor the people who emptied them bankrupt in accordance with the conditions set forth in the door Magistrate condom.
article / 513 / - has no right to the creditors who obtained the right in rem collateral on real estate or movable to participate in the voting unless waived Tominachm accordance with the conditions set forth in the door of the Magistrate condom.
article / 514 / - 1-Akdalsaleh must be signed at the same meeting, otherwise it is null and void.
2- and Amalm only one Alogelbatin provided for in Article / 512 / of Hmaaleghanon Vtagel available deliberating eight days does not accept the extension.
3- to Ilesm creditors who attended the first meeting of the reconciliation or were representatives of the legal face and signed the minutes of the meeting, to attend the second meeting of the Commission, and keep the decisions that they have taken and approvals that supported it are valid and enforceable only if they attend and Adloha at the last meeting.
4- may replacing the signing of creditors in meetings reconciliation Commission signed them on a card vote attached to the minutes.
article / 515 / - 1. it is not permitted to hold conciliation busty sentenced to fraudulent bankruptcy.
2- If the investigation is underway regarding alleges fraudulent bankruptcy creditors to decide whether they reserve the right to consultation in the Magistrate ordered Andaltbrih and thus postpone the chapter on this matter until after the expiration of criminal prosecutions.
3- that it can not report this delay unless a majority of the number available and the majority of the amount in Almaantan progress.
4. If the case had to be made in consultation Omralsaleh after the expiration of the delay shall be applied on the new studying the specific rules in the previous article.
Article / 516 / - (1) If sentenced to bankrupt bankruptcy Tgosaira was making peace possible. || | 2- and creditors may start Balttavat criminal case to postpone the deliberation in the Magistrate until after its completion in accordance with the provisions of the previous article.
article / 517 / - If specialized commercial company issued corporate bonds can not be Akdalsaleh unless approved by the bonds campaign Authority expressed its opinion in the cases and under the conditions set forth in the door of the Magistrate condom.
article / 518/1 - for all creditors who were entitled to participate in making peace and creditors who have proven their rights later and representatives of the bonds holders body, to object the Magistrate scheduled.
2- it must be a reasoned objection and report to the Under bankruptcy and bankrupt in the eight days following the date making peace or holding Bonds holders body, otherwise it is null and void, and to inform him memorandum of invitation to the first meeting of the Court.
3- and if not for bankruptcy only one agent and was opposed to making peace, he shall be asked to appoint a new agent, and he have given to this agent that the procedures set forth in this Article shall apply.
Article / 519 / - 1. the application for certification to the Magistrates Court summoned most of the wheel and can not be the team of the Court may rule on the request before the expiration date eight days set forth in the preceding article.
2- If objections made within the period mentioned in the court Vtvsal at the request of ratification objections by virtue of one.
3- If the objection by the subject included nullity of the Magistrates of all stakeholders.
article / 520 / at all cases, the director puts the judge before the verdict in a report on the issue of ratification descriptions of bankruptcy and the possibility of accepting the Magistrate.
article / 521 / - 1. If you did not observe the rules set forth in the foregoing reasons, or appeared to be concerned with the public interest or the interests of the creditors to prevent the ratification of the Magistrate shall then be on the Court to reject ratification.
2- they can also refuse to believe Akdalsaleh if it does not include a provision authorizing the President of the Court to appoint a commissioner or several commissioners assigned to monitor the implementation of dismantling mortgage specialist mass of creditors if they had they endorse and monitor the transfer of assets into cash.
Article / 522/1 - becomes a contract Magistrate Once ratification is binding on all creditors, whether they are mentioned in the budget or not, and whether or not their debts installed Mthbth.oho in force until the right of creditors residing outside Syrian territory and in the right who temporarily before entering in studying whatever the amount that will be allocated to them thereafter under the final rule.
2- However, peace Eisera to the right of creditors owners privileges and mortgages if they did not give up her or in the right of ordinary creditors if their religion grew up during the duration of the bankruptcy.
Article / 523 / - 1-Once the acquisition of the rule of force ratification issue should be made up interrupted the effects of bankruptcy while retaining the fall of political rights set forth in article / 453 / of this law.
2- offers agents who their bankruptcy ends employed to bankrupt the judge in the presence of Director is being conducted in which the debate acknowledge. Agents then handed over to the bankrupt sum of money and books and papers and his things giveth guaranteed delivery versus received.
3- and regulated by the judge Managing a record of all of this and ends his job.
4- and if a conflict in which separates the court. || | Article / 524/1 - may include making peace appointments to meet debt premiums consecutive term.
2- also may include the debtor's discharge of a large part or small part of his religion, but that leaves it upon himself to heal naturally commitment .
3- and may be held provided that the Magistrate easier if the debtor in accordance with the conditions specified in the Bab El Solh condom.
article / 525 / - mortgage insurance impact of mass creditors remains to ensure the fulfillment of the amount of debt provided for in making peace .
article / 526 / - shall be entitled to creditors otherwise may request a sponsor or sponsors to ensure the implementation of concluding peace.
article / 527 / - as long as the amount stipulated in the contract Magistrate did not pay a whole to make any Aijuzllmedin behaved unusually Aattalbh conduct of trade itself, the agreement to the contrary has not been held according to the rules set forth in this regard in the door of the Magistrate condom.
article / 528/1 - not accept any claim on the Abolition of the Magistrate after ratification unless it was based on fraud discovered after this ratification was emerging Amaan hide money from the bankrupt or excessive debt required of it.
2-and each creditor may assess this lawsuit to be held within a period of five years after the discovery of fraud, provided they do not exceed the deadline suit ten years date of contract Magistrate.
3- also invalidate the contract if the Magistrate sentenced bankrupt for committing fraudulent bankruptcy.
4- and be revoked for making peace Mbria edema sponsors who did not participate in the fraud.
Article / 529 / - 1. If the public interest litigation against the bankrupt held after the ratification of making peace for fraudulent bankruptcy and issued the arrest warrant temporary or other than temporary, the Court may order what is entitled to take the precautionary measures.
2- canceled these measures ruling the issuance of a decree banning the trial or a judgment acquittal or exemption.
article / 530 / - (1) If the bankrupt has not implemented the terms of making peace may be established by a case at the court to annul the contract.
2- If there were guarantors Faihdharon in the lawsuit or claim to it duly.
article / 531 / - 1-when the court looked at the judge fraudulent bankruptcy judgment deliberately set delegated judge and agent or several agents for bankruptcy. They're also the appointment in the resolution, which requires the avoidance of making peace or revokes it.
2- and may these agents that they put on the seals.
3- and they have to initiate the case under the supervision of the director and the judge on the basis of list the old inventory, in the audit of the financial bonds and securities and to do where appropriate supplementary inventory.
4- and they also have to bear additional budget.
5- and they must without delay call new creditors - if any - and asking them to highlight attribution their debts within fifteen days to carry out to achieve, and paste them this call with a summary judgment the judge appointed by and published in local newspapers.
6- and are being investigated for the debt in the manner described in this law.
Article / 532 / - 1-embark without delay in achieving highlighted debt assignment pursuant to the previous article.
2- and Aaijeri new investigation in debt already achieved and would be installed and with the retention of that debt or decrease refused if they had fulfilled all the partial ones.
article / 533 / - after completing the Advanced Business mentioned creditors invited to express their opinion to keep agents or replace them if you do not hold a new reconciliation.
article / 534 / - for not Aigm actions carried out by the bankrupt after the ratification of making peace force and before the annulment or dissolution unless signed Baksaddaladharar the rights of creditors.
article / 535 / - 1-returned to the former creditors of making peace all their rights to the bankrupt alone Omapalnsph to block creditors, they can not entered into only within the following boundaries:
A. If you do not seize anything from Centennial average when going into distribution by the whole religion.
(b) if they meet the part of the average going into that part of the original debts fits the part that they Moaudin its centenary average was Iqdoh.
2- and apply the provisions of this Article in the event of a second bankruptcy was not preceded by Magistrate invalidate the contract or its dissolution.
article / 536 / - 1. If it is not the Magistrate creditors become bound in the state of the Union.
2- and consulted judge Director-off with respect to acts of administration and would keep agents bankruptcy or replaced and accepted in the discussion creditors who excel or holders of a mortgage or secured on real estate or movable.
3- regulates statements creditors and comments Minutes 0.4-Having considered the present proceedings the court appoint agents Union.
5- must bankruptcy agents who completed their job to give an account for new agents in the presence of the judge and the director after invitation of the bankrupt duly.
article / 537 / - 1-Esicaraldainon whether it would be possible to give the bankrupt subsidy money from the bankruptcy.
2- If chosen for the majority of the creditors present may be given an amount for subsidy money bankruptcy proposes agents amount of the subsidy and the judge determined by the director's decision.
3- It is not permitted to Giraloclae to object to this decision in court.
article / 538 / - 1. If the company goes bankrupt Vlldainin people not to accept the contract only with the Magistrate partner or multiple partners.
2- In this case, the company's total funds remains subject to the system of the Federation of creditors with the exception of personal funds competent partners who contract with them Solh.
3- and can not be that this contract includes a commitment to own them requires them pay any rate only from extra funds for the company's funds.
4- and recover from all the solidarity partner held a reconciliation with him special.
article / 539/1 - represents agents mass bankruptcy and creditors are engaged in liquidation.
2- as Ajoslldainin Yuklohm continue to invest money in.
3- appointed by creditors in their decision for this investment and its breadth appointed as the amounts that may be kept in the hands of agents of the insurance costs and expenses. || | 4- and can not be making this decision only in the presence of Director of the judge and the majority of creditors representing three-quarters of a number and three-quarters of the debt to them.
5- and accept the objection to this decision of the bankrupt and creditors opponents.
6. However, this objection does not requires a stay of execution.
Article 540. -1- if the actions of agents led to the bankruptcy exceeded worth Union money obligations of creditors who had authorized those actions are solely responsible personally for what exceed their share of the money mentioned.
2- but their responsibility does not exceed the agency that gave her and they share in proportion to their debt limits.
article / 541/1 - prescribed agents met in the bankruptcy unless youve debt.
2 - they can not accept reconciliation on the same terms that were followed earlier despite all objection shown by the bankrupt.
3- the full-time all the bankruptcy assets to meet a lump sum must be presented to the Commission at a meeting of creditors to invite them to the judge at the request of Managing agents or any creditor of the creditors must agents can get the permission of the Court accordingly.
article / 542 / - shall agents are empowered to initiate bankruptcy in the sale of movable property of all kinds and, inter alia, the store under the supervision of Director judge and without the need to call bankrupt in accordance with the procedures laid down for the sale of personal property during the term junior.
article / 543 / - If there is no sale transaction algebraic initiated before the Union Vivod agents make sales and not others, and they need to have to start it within eight days license from the Director judge and mediated effect circle in the real estate site
article / 544 / -1- puts agents book of conditions, which will take place whereby the bidding and sales being in accordance with the provisions relating to the forced sale.
2- assignment definitive emancipation of property liens and mortgages restrictions Insurance and Real Estate.
article / 545 / director -1- judge calls for creditors challengers for the meeting once at least in the first year, as well as in the following years if the need arises.
2- and agents must be brought in meetings account for their departments.
article / 546 / - bankruptcy distributed funds to all creditors by the installer for each of them, after deducting debt bankruptcy and subsidies granted to the bankrupt or his family to manage expenses and amounts paid to Daiinin excellent.
Article / 547 / -1- offers agents a monthly statement to the judge Managing Director on the status of the bankruptcy and the amounts deposited with the designated bank to accept deposits State.
2- and ordered the judge director when necessary to distribute money to creditors and appoints the amount and cares communicate it to all creditors.
article / 548 / -1- is not permitted agents to the bankruptcy that they take no fulfillment only in exchange for the bond installer of religion and mention the amount of the bond on who they paid or ordered to pay.
2- If it is not possible to provide the bond may judge that the Director ordering the Order after viewing the Minutes of debt to achieve.
3- In all cases, the creditor acknowledges receipt on the sidelines of the distribution schedule.
article / 549 / -1- after the end of the bankruptcy liquidation Director judge calls creditors meeting.
2- in this last meeting provides agents employed and be bankrupt present or duly invited.
3- show creditors mentioned the issue excuse bankrupt and thus regulates the minutes in which each creditor included Ocolah and observations.
4. after the adjournment of this meeting Union slimming inevitably.
Article / 550 / -1- offers the judge director of the court's decision concerned Bmadhirh creditors of the bankrupt and a report on the characteristics and circumstances of the bankruptcy.
2- then the court will issue its decision that the bankrupt excused or not excused.
Article / 551 / - is not forgiven the perpetrator of fraudulent bankruptcy and sentenced for fraud, theft or fraud or abuse of trust or embezzlement of public funds.
3- Magistrate waiver from the bankrupt assets: article / 552 / -1- may be held Solh total or partial waiver of the bankrupt for its assets.
2- the requirements for reconciliation are the same conditions set forth for the holding of a simple Magistrate.
3- to raise the hand of the bankrupt in respect of money ceded Unending this contract, but the Magistrate these funds are sold mediated by agents appointed as appointed agents Union.
4- and is subject to the sale and distribution of money to the same rules applicable in the state of the Union.
5- and then handed over to the debtor from the proceeds of selling the funds ceded the increased debt required of it.
4- closure of bankruptcy due to insufficient assets:
article / 553 / -1- If at any time prior to the ratification of the Magistrate or written by the Federation of creditors that have stood the bankruptcy proceedings due to insufficient assets Jazz Court building on the report of the judge or the Director of its own to control the closure of the bankruptcy.
2- and returns this provision to each creditor the right of individual rivalry.
article / 554 / -1- may busty and each person with rights to asks all the time from the court to reverse this ruling if there is sufficient money proved to carry the expenses of the bankruptcy or agents handed them with adequate amount.
2- in all cases, you must first died proceedings held pursuant to the previous article expenses.
Chapter V: special rights that can be invoked to confront the bankruptcy
1- debt owed by the owners of several debtors:
article / 555 / - the creditor who holds a signed assigning religion or showing or guaranteed generally solidarity of the bankrupt and his partners in the commitment penniless also involved in the distribution with each block of creditors blocks and be his involvement in the estimated amount of the nominal religion to be Aavaah.
article / 556 / -1- no right whatsoever to Tfelicat one abiding commitment to each other due to some of the quotas paid only if the total of those interests that backed Altfelicat mentioned more than the sum of principal and its aftermath.
2- in this case the increase is due to the observant, who are sponsored by their partners in the rest of the commitment, taking into account the order of obligations.
article / 557 / -1- if the creditor holds attribution facility generally solidarity on the bankrupt and others and had fulfilled part of his religion before the bankruptcy is not involved with the mass of creditors only Palmtbaka of the debt after the overthrow of the completed portion is kept creditor on the remainder of his rights to a partner in or sponsor commitment.
2- as a partner in the commitment or sponsor who has partial to fulfilling Vistrk block with creditors themselves with regard to all what Novak for the bankrupt.
article / 558 / -1- despite making peace remains creditors any right of action on the bankrupt partners to adhere to their demand of all their debt.
2- and these partners have the right to intervene in the issue of the ratification of the Magistrate to give their comments.
2- Recovery and refrain from delivery:
article / 559 / -1- persons who claim ownership of the money found in the possession of the bankrupt may request recovered.
2- and agents bankruptcy to accept redemption requests after approval judge director.
3- If there is a dispute Court separated the judge, after hearing the director's report.
article / 560 / -1- may be in particular demand response commercial bonds and other bonds unsatisfied which found However, the opening of the eyes of the bankrupt bankruptcy as if the owner had handed it over to the bankrupt for power of attorney to collect the value and saved him at the disposal of the owner or was delivered to him dedicated a certain fulfillment.
2- may also retrieve banknotes deposited at the request of the bankrupt if it can depositor prove Matiha.
article / 561 / -1- may request a refund of all or some of the goods as long as they exist in kind if a Muslim to the bankrupt for the deposit or to be sold for the account owner.
2-and may be requested recover the price of those goods or part of the price if it did not pay or have not taken it in the current account, the clearing between the bankrupt and the buyer.
Article / 562. the seller may refrain from delivery of goods and other movables sold if they had not been delivered to the bankrupt or did not send him, or to anyone else for its own account.
article / 563 / -1- seller may recover the goods sent to the bankrupt to use his right to locked as long as they had not been delivered in the bankrupt stores or in the place where his appearance disposition or broker tabbed bankrupt stores that sell it to their account.
2- that the redemption request is not accepted if the goods had been sold again before arriving unintentionally harm to another buyer in good faith.
article / 564 / - If the buyer has received the goods before the bankruptcy is not permissible for a vendor to protest, claiming annulment is not claiming recovery nor any other franchise.
article / 565 / - in cases where the seller may exercise his right to imprison cargo agents bankruptcy may, after receiving a license from the Director judge to hold on to deliver the goods after payment of the agreed price to the seller.
article / 566 / -1- If you do not take the agents bankruptcy Vllbaia this decision to avoid the sale on condition that pays creditors to block the amount of grip on the account .
2-and can get one instead of the damage caused by a cancellation of the sale and participate for this purpose, with a mass of ordinary creditors.
article / 567 / - determined by the competent redemption rights monogamous bankrupt according to the rules set out in materials / 577-578-579-580-581 / of this law.
3- secured debt holders the right eyes of privity on Moved:
article / 568 / - the creditors of the bankrupt holders generally subject to legal or insurance or a special privilege on Moved not been included in a block creditors only a reminder.
article / 569 / agents may bankruptcy in a while after obtaining a license from the Director judge to regain the interest of the bankruptcy mortgaged objects or insured after fulfillment religion for the benefit of the bankruptcy.
article / 570 / -1- If you do not recover dealers eye Heavily mortgage or secured creditor and sold them for the price increases on religion Afikd agents bankruptcy this increase.
2- and if the debt is less than the mortgagee creditor or owner insurance price share what is left of his religion with the mass of creditors as an ordinary creditor.
Article / 571 / -1-submit proxies to Director judge issued a statement calling the names of creditors privilege on movable Figgis, this judge when necessary to fulfill their debts from the first amount of cash is collected.
2- and if the dispute over the franchise Vtvsal the competent court.
4- secured debt holders or mortgage insurance or franchise on the property:
article / 572 / - If you received the distribution price of the property before the distribution of the price of movable or Mien got together Valdainon concession-holders or insurance or subject Akaraa- who do not meet all the religion of the price of real estate share on the proportion of the rest with them ordinary creditors in the distribution of the relevant funds, provided the mass of creditors be realized debts to the procedures established in the past.
article / 573 / - if one or more distribution of money is taking place from eighth portables conducted before the distribution of the price of real estate, the creditors concession holders or insurance or a mortgage and realized their debts are involved in the distribution on the ratio of total debt while retaining the appropriate response to what they need in accordance with the following material in this chapter.
article / 574 / -1- after the sale of real estate and make a final liquidation of the expense of creditors or mortgage franchise or insurance or mortgage insurance, according to the order of their grades may not be for those who are eligible according to the degree that meets every religion of the price of mortgaged real estate and arrested the fall ill from distributing their prices only after the resolution of what Astofh of the mass of ordinary creditors.
2-amounts which resolved in this manner do not keep to the mass of creditors with mortgage insurance or real estate, but given the mass of ordinary creditors who deduct these amounts to their advantage.
article / 575 / - creditors holders subject to real estate or insurance who do not carry their share in the distribution of the price of real estate only part of the widely followed religion with regard to their following provisions:
1- determine the final rights to money allocated to the mass of ordinary creditors as much as the amounts that remain due to them after deducting their share in the distribution of the price of real estate.
2- the what took him to increase this amount in the previous distribution Faihsm of their share of the price of real estate is given to regular debt stock.
article / 576 / - is the creditors who did not suffer anything from the distribution of the price of real estate creditors ordinary and subject as such to the effects of the Magistrates and all actions competent mass of ordinary debt.
rights pair bankrupt:
article / 577 / -1- if the pair went bankrupt recover wife's eyes real and personal property which prove that she was the owner of her before marriage, as well as funds that have fallen to no in Awad during the duration of marriage.
2- and have the right to recover property which was acquired during the period of her marriage for cash have fallen to the Advanced facial provided that the purchase contract expressly provides for the use of the statement of cash and demonstrate the wife source.
Article / 578 / - with the exception of the case provided for in the second paragraph of the previous article counted the money achieved by the wife mosquitoes during the duration of the marriage her husband purchased for cash and must include the assets of the bankruptcy unless the wife provided evidence to the contrary.
Article / 579 / - If you met the wife's debts to calculate her husband has the legal context that it has fulfilled the debts of her husband's wealth What evidence has not otherwise.
Article / 580 / - if the husband was a merchant at the time of contract marriage or was at the time without certain other craft then became a merchant in the same year, the real estate that was owned at the time of marriage or the outcome of the inheritance or donation among the living or the commandment be alone subject to forced insurance to guarantee the rights and debts of the wife.
Article / 581 / -1- a woman whose husband was a merchant at the time of the marriage contract, or was at the time without certain other craft then became a merchant in within the year following the marriage contract does not have the right to establish any claim on the bankruptcy trustee for the benefits stipulated in the instrument of marriage.
2- in this case not entitled to creditors to protest their part, the benefits granted by the wife of her husband in the instrument.
3- also invalidate the donations given to the couple during the duration of marriage.
door III: Statistics trial proceedings
article / 582 / - If it appears from the budget submitted by the bankrupt or that of subsequent information that the bankruptcy assets not exceeding five hundred thousand Syrian pounds or the back of the rate at which the intended distribution can not exceed ten percent of the Court Jazz on its own or at the request of creditors to order the application of simple measures are on the bankruptcy.
article / 583 / - simple actions for the normal procedures differ in the following matters:
1- to halve the specific deadlines to highlight attribution religion and the objection or appeal and other deadlines stipulated in articles / 451, 465, 500 and 518 and 531 / of this law, and if the time limit is fifteen days be reduced to eight days.
2- do not put seals.
3- Do not appoint observers.
4- judge Delegate separate disputes that are held in debt affair with retention of appeal if necessary to the Court of appeal.
5- entitled to the judge that the director authorizes all reconciliations. || | 6- not being distributed only one of money.
7. The judge director resolving disputes relating to the calculation agent bankruptcy and allocations
Part IV: Altgosaira bankruptcy or fraudulent
article / 584 / - consider Penal Court in Bankruptcy Altgosaira or fraudulent crimes at the request of the bankruptcy agents or anyone from creditors or the public prosecutor applied in this respect the provisions of the Penal Code.
article / 585 / -1- the lawsuit expenses held by the public prosecutor for Tgosaira bankruptcy may not be the way to put the responsibility of creditors.
2- in the event of making peace may not be for the Treasury to require bankrupt played including expenses only after the expiration of the periods granted under the contract.
Article / 586 / - creditors mass bear suits brought by on behalf of the creditors and agents bankruptcy when the acquittal of the bankrupt expenses borne by the public purse if he was and remains a right of recourse against the bankrupt according to the previous article.
article / 587 / -lajos agents to bring an action for bankruptcy Tgosaira not take recipe personal plaintiff as the mass of creditors only after the license them under the decision of the numerical majority of the creditors present.
Article / 588 / - paid public treasury criminal case brought by a creditors' expenses if the judgment on the bankrupt and paid by the plaintiff if acquitted bankrupt.
Article / 589 / -1- may not be in the way that had expenses fraudulent bankruptcy proceedings rests with the mass of creditors.
2- If taken several creditor or creditors recipe Prosecutor personal expenditures in the event of a patent rest on their shoulders.
article / 590 / - in the fraudulent bankruptcy proceedings or Altgosaira separates penal judiciary even in the event of acquittal the following matters:
1- spends on his own back all the money, rights and stock misappropriated fraudulently to block creditors.
2- judge by what are required instead of damages and the amount shall be appointed in government issued.
article / 591 / -1- deemed null and void in relation to all persons, including the bankrupt every agreement concluded between one and creditors of the bankrupt or anyone else on the private creditor meted out against the vote in the bankruptcy bodies or the resulting benefit of special benefits bestowed creditor of the bankrupt's assets.
-2- must creditor to return the money and the amounts obtained under these agreements for those who are his own law.
article / 592 / -1- not result in criminal proceedings against for fraudulent bankruptcy Altgosaira or any modification of the normal rules of running the competent bankruptcy.
-2- agents needed in this case be handed over to the public prosecution all documents and instruments and securities and information requested from them.
article / 593 / -1- agents the right to be seen how long they want the documents and instruments and securities by handing them over to the criminal judiciary.
2- they may take it private or to request abstracts official copies of her office.
- 3. the documents and instruments and securities, which is not issued to keep it Vtzlm after being sentenced to agents in exchange for guaranteed delivery.
Part V: rehabilitate
Article 594 -1- ten years after the declaration of bankruptcy regain bankrupt considered judgment without making any transaction if it is not remiss or crook.
-2- to restore mind like this can not affect the functions of the agents if their mission is not over and the rights of creditors of the bankrupt if the edema has not healed completely.
article / 595 / -1- inevitably be restored to the bankrupt who has fulfilled all amounts incurred by him from the capital and interest expenses.
-2- may not claim benefits for a period of more than five years.
-3- required to rehabilitate his partner in the company and people fell in bankruptcy to prove that he fulfilled in accordance with the foregoing share it back from the company's debt and have acquired a special reconciliation.
-4- If disappeared one or some of the creditors or were absent or refused to accept the amount to be fulfilled Vioda them bank metaphor to him to accept the Deposit State and after proving this deposit as a guaranteed delivery.
article / 596 / - may be re-considered for busty known for honesty in the following cases:
1- if it has completely fulfilled the premium promised in making peace obtained by this paragraph and apply the rule of the people in the partner companies that decide to bankruptcy and received a special reconciliation of creditors.
-2- If he proves that the creditors of the bankrupt Abraoa discharge fully discharged of its debts or agreed unanimously to re-considered.
Article / 597 / -1- raise the request to return the account to the prosecutor in the trial court and the bankruptcy of assigning him the receipts and paperwork installed.
-2- Attorney General transmits all the papers to the President of the Court, which declared bankruptcy and to the Attorney General in the region, which is home to the caller and Akfahma investigate the validity of the facts presented.
article / 598 / - 1. the clerk of the court sends a registered letter note of the request to rehabilitate all of their debts to creditors installed bankruptcy or recognized in judicial decision later did Tove their debts entirety.
article / 599 / -1- each creditor did not get the average scheduled in making peace or not to discharge the City discharge fully the right to object to rehabilitate a simple call to submit to the Office of the Court with the Securities installed within a period of one month from the date of sending the flag to him.
-2- and creditor objecting to interfere in trial underway to rehabilitate.
article / 600 / -1- after the expiry of the Promised forwarded to the Attorney General who raised him demand as a result of investigations set forth above and the objections made by the creditors.
-2- The allocation lollies with his opinion to the president of the court.
article / 601 / -1- calls on the court when appropriate student rehabilitate and objectors and hear their stories and Jahia in the deliberation room.
-2- may each one of them using his lawyer.
-3- In the case of debt fulfillment entirety court only to verify the validity of the documents highlighted If she saw in conformity with the law ordered a re-consideration.
-4- If rehabilitate optional court estimated circumstances of the case. | || -5 - then the verdict in open session.
-6- a rule to the caller and the objectors to the creditors and the Attorney General and Hola right to appeal within a period of 15 days from the date of notification to them.
-7 - after the audit decided by the Appeals Court in the case and in accordance with procedures set forth in the foregoing does not accept the decision issued by any of the review methods.
article / 602 / -1- If demand response can not be back at him only after the passage of years.
-2- if listed before ordering the judgment of the court of first instance or on appeal in the bankruptcy court, which resides in the region caller court record.
-3- it is also sending this judgment to the Attorney General, who received a request to return the account ordering referring to him in the criminal record.
-4- and also recorded a provision in the commercial register.
-5- also send a copy of the judgment to the Securities and Exchange market, if any.
Article / 603 / - shall not be re-account business to bankrupt those sentenced to fraudulent bankruptcy or stealing, fraud, abuse Municipality unless they have received to rehabilitate the criminal.
article / 604 / - may be re-consideration of the penniless after his death.
Part VI: special provisions bankrupt companies
article / 605 / - with the exception of the rules set out in the previous doors companies subject to the following provisions: Article
/ 606 / -1- for all commercial companies may be what except for joint ventures to get a reconciliation condoms it may also be publicized bankruptcy.
-2- May be the month of the bankruptcy of the company that was in the case of liquidation.
-3- Apply these judgments on companies that judgment to declare false the condition that the company may be continued effectively.
Article / 607 / -1- should include a request Magistrate condom or statement which aims to issue a ruling on the bankruptcy partner signing or partners who have the right to sign for the company if the partnership or limited partnership and the signing of the manager or board member who does his job based on the decision of the board of Directors If a company or limited liability fool.
-2- and whether the company has engaged in the process of liquidation the liquidator must submit the above statement.
-3- and filed the request or authorize the Office of the Court object in its region Company status .
article / 608 / -1- also must all partners in solidarity companies and all partners in companies Almtdhamnyen recommendation that they both with respect to its authorization required under this law within a period of twenty days from the date the company stopped payment.
-2- and the court to declare the same provision bankruptcy and the bankruptcy of the general partners.
-3- and the judge may appoint a managing director and agent or agents include their mission all Altfelicat blocks creditors and that this Altfelicat be distinct from each other .occl creditors made up of different people.
article / 609 / - shall be entitled to the Under bankruptcy in all the companies that forcing partners to complete the payment of their capital even before the due date specified in the company's system.
article / 610 / - If the company goes bankrupt or fraudulent bankruptcy Tgosairaa may be held when appropriate suit of criminal responsibility on the director and general partners in a general partnership in the company and on the recommendation of the board of directors and contributing to corporate management executives as well as the manager or managers of limited liability companies.
President of the Republic
Egyptian lawyer Nahel
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