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Register a new userThe Effects of Commercial Paper Collection Contract According To The Syrian law
آثار عقد تحصيل الأوراق التجاريّة وفقاً للقانون السوري
1983
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يفرض عقد تحصيل الأوراق التجاريّة مجموعة من الالتزامات العقديّة على كل من العميل المُوَكل والمصرف الوكيل, وقد يُخطئ المصرف في تنفيذ التزاماته في التحصيل مما يسبب ضرراً للعميل, لذا فإنه من المهم تحديد التزامات طرفي العقد ونطاق مسؤوليّة المصرف العقديّة, خاصة أن قانون التجارة السوري لم ينظم أحكام هذا العقد ولم يُعالج أحكام المسؤوليّة العقديّة للمصارف بشكل مستقل, فيغدو من الضروري مناقشة هذا الموضوع تبعاً لأحكام عقد الوكالة والأحكام العامّة للمسؤوليّة وفقاً للقانون المدني السوري مع مراعاة قواعد العمل الخاصة التي تنص عليها الأعراف المصرفيّة .
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
References used
عوض, علي جمال الدين- عمليات البنوك من الوجهة القانونية, بدون دار نشر,القاهرة , 1989,890
محمد سامي, فوزي- شرح القانون التجاري , مج 2, دار مكتبة التربية, بيروت 1997, 82
حسني, حسن- عقود الخدمات المصرفية, بدون دار نشر, القاهرة ,1986, 325
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