الافتراض الصرفي ( دراسة مقارنة )

The exchange assumption ( A Comparative study )

Abstract

This study includes an examination of the concept of exchange assumption , which represents one of the methods used by the legislator when legislating the legal rule, which includes the establishment of a legal rule that may organize some data or facts that the persons organizing the paper neglected to organize, or organized it but in a deficient manner, so the exchange assumption completes this deficiency, and in Sometimes some commercial paper data are arranged in a vague way so that the data in the paper contradicts other data, and therefore the exchange assumption raises this conflict by assuming the validity of one of the conflicting data.
We adopted the comparative approach reinforced by a set of other scientific approaches, a method in researching this study, as we compared the Iraqi trade law, as well as the Egyptian trade law, in addition to the French trade law and the French monetary and financial law, and we also added to the study the unified American commercial law , In addition to indicating the position of legal jurisprudence in all previous legal systems, while enhancing research with the latest judicial rulings issued by courts in the countries that we chose to compare with their laws.
The thesis included three chapters, we discussed in the first chapter the definition of the exchange assumption, where we discussed each of its legal meaning and its characteristics that distinguish it, and we also examined its specific types, where we found that this assumption has three characteristics The first characteristic is that it is an assumption that does not accept proof of the opposite, and the second characteristic is that this assumption is based on the more likely probability, while the third characteristic is that this assumption may agree with the truth and sometimes contradict it.