الفهرس 
تقسيم الدراسةيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
Commercial papers represent important tools for facilitating commercial transactions due to the ongoing developments in commercial life, and given the economic importance of commercial papers, the interest of the street in them emerged, so public and private legal texts were organized for them in order to protect them and make them more credible and reliable in dealings between merchants. The introductory chapter defines commercial papers, their types and characteristics, and distinguishes them from other instruments, especially securities. Then, the first chapter deals with the controls of power of attorney in issuing the bill of exchange and the check through two chapters.During this study, we find that the agency plays an important role in facilitating transactions between individuals, as it is applied in all areas of life through power of attorney, where a person called the principal delegates some actions or actions to another person called the agent, and given that the bill of exchange and the check are among the most important commercial papers, it can That they be issued by the person directly or through an agent on his behalf, where the latter performs all the actions that the principal performs, so the check can be signed and issued by an agent pursuant to a special power of attorney, where in this case it is necessary to stipulate the capacity of the agent in the check and the drawee must verify Attorney status before cashing the checkAmong the most important commercial papers, they can be issued by the person directly or through an agent on his behalf, where the latter performs all the actions that the principal performs, so the check can be signed and issued by an agent under a special agency, where it is necessary to stipulate in this case the capacity of the agent in the check and The drawee must verify the capacity of the agent before cashing the check, and the general power of attorney may be assigned to a natural person, as is the case for a legal person, and the drawee must be informed of the name of the agent authorized to sign the checks on his behalf, along with providing him with a form of his signature, and the check may not be signed on behalf of another person without a written authorization from the draweeThen the second chapter came under the title of power of attorney in endorsing the bill of exchange and the check, through two chapters. My power of attorney is not intended to transfer the right or insurance, and the field of our study focuses on the power of attorney endorsement, and the accompanying controls related to the necessity and availability of eligibility and the exercise of rights with the exception of endorsement by way of power of attorney. To adhere to the bearer except for the defenses that can be adhered to against appearance, in contrast to the general rules of agency.Then came the second and final chapter to discuss the civil and criminal liability resulting from the issuance and endorsement of the bill of exchange and the check, where the law set controls for the practice of agency and obligated the agent to abide by the limits of his agency, and assigned responsibility for him in the event of exceeding it in a way that harms the interests of the principal, and the matter does not depend on that, rather the law has arranged for the principal Civil and criminal liability in the event that he issues a commercial paper that is forged, non-negotiable, or that has no return for fulfillment, and other actions issued by the client, which contain types of fraud and circumvention of the law, according to what is stated in Article (337) of the Penal CodeThe Lawgiver also made the bank liable if it disclosed the client’s secrets contained in the contract for the collection of commercial papers, or the secrets that he became aware of on the occasion of executing the contract for the collection of commercial papers. Incorrect data of the commercial paper he is assigned to collect: Upon receiving the commercial paper from its owner after concluding the contract for the collection of commercial papers, the bank must review the data of that paper and ensure its validity, as banking custom requires the bank to give the customer the owner of the commercial paper a receipt stating that the bank You may receive the commercial paper.The problem of the study comes from the fact that the bill of exchange and the check have become important tools in modern commercial transactions, and the facilitation of various payment methods, and due to this great expansion of reliance on them as a settlement tool, problems also emerged related to their legal adaptation, the guarantees contained on them, and the extent of their ability to settle current commercial transactions in There has been a reality of the crimes resulting from the bill of exchange and the check as a result of its endorsement or circulation, whether by breach of the obligations of the two parties or as a result of the lack of data that must be available or otherwise, as the legislator does not tolerate the lack of such data, whether formal or objective, and also set penalties for forgery crimes and the crime of the agent exceeding the limits his agency and the breach of his obligations.The importance of the study comes from the role that bills of exchange and checks have come to play in commercial transactions, in addition to the economic importance they enjoy because of their impact on expanding the volume of transactions in the markets, and because they facilitate it for individuals in transactions, instead of a person carrying money with him in a large amount In order to fulfill his obligations, in light of the presence of bills of exchange and checks, he can give them the required amount, so checks take the place of money, but there are those who misuse checks and through them seize money from others, so they have risks that threaten stability in commercial transactions in society.The importance of the study also comes through its clarification of the formal controls for the issuance of each of the bill of exchange and the check and the consequent legal effects of its deficiency that benefit both the legislator in order to adapt the legislation to the developments, as well as the persons dealing with the bill of exchange and the check, and workers in the field of banks and banks, and workers in the field of judiciary and the legal profession, and researchers in the field of legal studies.