شرط توطين الكمبيالة – دراسة مقارنة في ضوء أحكام القضاء الفرنسي

Abstract

The research aims to study the bill of exchange domiciliation clause (BEDC) in Saudi, Qatari and French law. Apart from its practical importance, the BEDC has not yet been the subject of an independent study. Hence, this research fills an important gap in the Arabic legal literature. The BEDC concept is approached both descriptively and analytically, determining its scope and distinguishing it from similar concepts. Furthermore, the effects of the Clause were addressed in terms of the relationship between the domicilee with the drawee, the bill holder and the drawer. Moreover, the research focused on studying the electronic bill of exchange, especially the bill of exchange with a statement. The research examined the French judiciary rulings to extract texts or principles that must be applied to resolve conflicts arising from the use of the BEDC. The scholarly value and originality of the research stem from its focus on the triangle of the law of commercial documents, banking law, and sometimes bankruptcy law. Furthermore, the research clarifies some concepts of civil law that intervene in the ruling of the BEDC, especially the relative effect of contracts, the restitution of undue payment or civil liability rules. Finally, the research's key findings are the identification of contractual or tortious responsibilities of the parties involved, illustrating that their own rules were formulated in a way that enables Arabic jurisdictions to quote them as legal texts, which is what the study recommends.