Formal Conditions of The Bill of Exchange and The Effect of its Failure on The Saudi Commercial Paper System

(An analytical study)

Abstract

 The importance of the subject is evident in view of what we have reached in the modern era of the diversity of commercial transactions, which led to the use of the bill and to perform its function as a tool for the transfer of money, a tool for fulfillment and a credit tool. The matter was studied in detail and the impact of the failure of these conditions on the strength of the paper, and the extent of its validity. The research was in an introductory section and two sections. In the preliminary section, I dealt with the vocabulary of the research title. In the first topic, I reviewed the mandatory and optional formal conditions of the bill of exchange, then showed the impact of these conditions’ failure on them in the second topic. In detail, I mentioned when the failure of the obligatory formal condition is a reason for the invalidity of the bill of exchange as a commercial paper, and the extent of its authenticity, as well as the effect of the failure of the optional formal condition of the bill of exchange.

In preparing this research, I took an approach that I was keen to adhere to, which is the inductive-analytical approach, by collecting the scientific material related to the topic, referring to books, specialized research, documenting texts, quoting from its sources and attributing it to its authors through their approved books, and systematic analysis of issues according to the Saudi system. .

And I reached a number of results, the most prominent of which is the necessity of stipulating the word promissory note in the body of the instrument, and a synonymous word for it, such as the bill of exchange or transfer deed, should not be substituted for that. In addition to the signature, the bill of exchange may also be written in a foreign language, but multilingualism is prohibited.

The research concluded with a number of recommendations, the most important of which suggested to the Ministry of Commerce and Investment to issue special publications for the bill of exchange bearing numbers, similar to that of the check, and to write on their cover their provisions in short.