Legal protection of the fulfillment function in the instrument (A comparative study) Legal protection of the fulfillment function in the instrument

Abstract

  To ensure the application of legal rules and adherence to them by individuals, the legislator always resorts to imposing a penalty coupled with the legal rule to ensure its application, whether the penalty is financial or one of the penalties that deprive of freedom, and whether the penalty is contained in the same text that addresses a specific issue or in another text of the same law or In another law, regardless of the matter, there is one goal that the legislator seeks to achieve, which is the necessity of respecting the application of the legal rule and not violating it, and thus violating the law, which leads to the loss of the legal function and lack of respect for the law, which leads to serious negative results, the first of which is represented by pressure on the judicial authority and burdening it with cases and procedures that were It can be avoided if real and correct treatments are put in place by the legislative authority, which is supposed to keep pace and monitor the implementation of the laws it has established so that it is not subject to violation by individuals. It must also update its legislation on an ongoing basis in line with the developments taking place in society, which are accelerating day after day.

One of the important issues that need to be updated and monitored on a regular and continuous basis is the issue of commercial papers, especially the instrument, since it is a commercial paper allocated by the legislator for the purpose of payment, thus taking the place of money. In order to protect and preserve this function, a specific penalty is imposed on anyone who violates this function and wears the instrument in a garment other than the one he allocated. The legislator has it, and in this study we will shed light on the extent of the effectiveness and success of the procedures and penalties imposed by the legislator in order to protect the basic and only function of the instrument, which is the function of fulfillment.