The Implications of the Cheque Issuing Date in Light of Trade Law Provisions and the High Court Decisions: A Comparative Study between Jordanian and English Law

Husam Mohammed Botosh

Arab Law Quarterly 25 (2011) 147-175

Abstract

Having explored the importance of the cheque issuing date in light of both the Jordanian Trade Act and the Bills of Exchange Act provisions as well as, the judiciary’s point of view in both Jordan and the UK, it is worth mentioning that the cheque issuing date is a compulsory part only under the Jordanian Trade Act, Section 228. In this section, the cheque date is a basic required element and its omission will result in the cheque being invalidated as a commercial instrument. In addition, the Jordanian Trade Act does not include any exceptions to the above, unlike the position taken by the Bills of Exchange Act where omissions of the date would not necessarily invalidate the cheque.

Keywords:

Jordanian law; English law; cheque; trade law