The Contract of Paper Collection forces many of Contractual obligations on parties, and bank's customer may suffer damages because of the bank's contractual liability in this issue. Hence, it is important to determine the parties' obligations and the
scope of bank liability, since the Syrian commercial law did not regulate the codes of this contract nor the scope of banks liability .So it's necessary to discuss the provisions of the agency contract and general principles of liability in the Syrian civil law, taking into consideration the rules of banking customs
we have divided the search into two
sections, In the first section we have talked about the nature of the
investment certificates in terms of its definition, its types, and its
numerous advantages.
In the second section, we have discussed bonds,
by casting light
on the definition of the bonds, then explaining about its provisions
in terms of its benefits, its conditions of issuance and its different
types; comparing all these concepts in detail with investment
certificates, to come to a conclusion which shows clearly that
investment certificates are superior to bonds.
In spite of the positive role played by the merger in the life of the
merged companies, but it might negatively affect the creditors' rights,
as it leads to termination of such company and the end of its legal
personality and the transfer of its f
inancial disclosure to the merging
company or the new company.
Therefore, the creditors' rights would be jeopardized when the
financial position of any of the companies in the merger is insolvent,
which leads to weakness of general guarantee of creditors, so the
legislations stipulated on definition of the destiny of such debts, as
well as giving creditors the right to object on the merger if it would
jeopardizes their rights.
However, these legislations varied in regulation of it. This is the focus
of the research, i.e. around the legal regulation of creditors in objection
on the merger decision and the problems imposed by this regulation, as
the Syrian legislator regulated the right of objection.
On the one hand, the principle “fraud unravels all” is one of the
most important principles in the civil law, because of the law
doesn’t protect the person who act in bad faith. On the other hand,
the independence principle is the most important p
rinciple in the
letter of credit. Which that principle means: the bank’s obligation to
pay is separated from the underlying contract’s performance, and
the bank must honor the credit if the beneficiary presents the
compliant bills of documents, as well as the beneficiary is protected
from the risks of non-payment.
So, what is the influence of the fraud on the independence principle.
That is what we are going to discover.
Stock broker has a pivotal role in the securities trading process, The
exchange of purchase and sale of securities achieve only by brokers
authorized by the market to buy and sell securities for the benefit and
account of clients .
