The Role of De Facto Doctrine in Protecting the Parties of Negotiable Instrument Legal Relations: Comparative Study
Prof. Lafi Daradekah
Professor of Commercial Law
Ex-Dean of Faulty of Law,
Yarmouk University Legal Advisor, Jordan
Abstract:
This article deals with role of de facto doctrine in protecting the parties of negotiable instrument legal relations. The argument of this article deals with the historical roots of this theory in order to understand its concept and development then and now, and to understand its continuous application. The importance of this article in expressing the essential role of the de facto doctrine in legal relations stability and achieving justice as well as judgments’ reasoning. This article aims at discussing the concept of de facto doctrine, its legal nature, its application conditions, and its legal effects. It ending with some findings as the de facto doctrine of negotiable instrument is the appearing will of the signature owner, the appearing position is governed by the law that is applicable on it, and the judicial application of de facto as reasoning of judgment. This article suggests that the de facto doctrine should be regulated by law as this allow the upper court to oversee the lower court’s application of the de facto doctrine.
Keywords: de facto, nogotable instrument, legal rule, injured party, moral rule.