The conflict between the rule of purification from defenses and the rule of possession in movable property, the title deed

Authors

  • Dr. Amir Salah Nasr Al-Araji

Keywords:

conflict

Abstract

A commercial paper is considered movable money and is transferred by endorsement or manual handling if the endorsement of the bearer or blank and sometimes the bond is created directly to the bearer, as in the blank check. Sometimes the original owner loses possession of the bond to the bearer in a certain event and is then endorsed for someone who is unaware of his loss called the holder. The commercial law has addressed the issue of the loss of the bond to the bearer and its access to the holder in Article 56, as well as the Civil Code in Article 1164. Their judgment is inconsistent with the ownership of the bond. omen Article (56) recognizes the ownership of the award in accordance with certain rules and Article (1164) recognizes the ownership of the original owner in accordance with certain controls as well.

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Published

2025-09-27

Issue

Section

Articles

How to Cite

Dr. Amir Salah Nasr Al-Araji. (2025). The conflict between the rule of purification from defenses and the rule of possession in movable property, the title deed. Kufa Journal of Legal and Political Sciences , 12(45), 155-166. https://journal.uokufa.edu.iq/index.php/kjlps/article/view/21766

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