Dr Jaber Ghazi Shatnawi
Assistant professor of Commercial Law
Faculty of Law, Yarmouk University, Jordan

Abstract:

This study focused on showing the extent to which the authorization theory can be applied in completing the data of the check after it is issued by the drawer, in light of the provisions governing the check in the Jordanian trade law, which criminalizes the issuance of a check free of some of its data, and to indicate the opinion of the Jordanian judiciary on the subject.
This study raised the questions of whether the delivery of a check to the beneficiary signed by the drawer is considered an implicit authorization to complete his data? Is it possible to say by the theory of authorization in light of the provisions governing the check in the Jordanian trade law?
To answer the questions of the study, the researcher divided the study into two parts: the first dealt with the mandatory data of the check and the impact of its omission on his validity, while the second dealt with the opinion of jurisprudence and judiciary from the theory of authorization. The researcher followed the inductive and analytical approach when dealing with the opinion of the legislator, judiciary and jurisprudence on the subject of study.
The study concluded a number of results, one of the most important of which was that the Jordanian judicial rulings settled on rejecting the theory of authorization in completing the check data unless two conditions are met: the authorization must be in writing, and the missing statement should not be from the data that the legislator criminalizes its absence, because authorization is only a legitimate act. As for the recommendations made by the study, the most important of them was the need to regulate the issue of completing the check data by the beneficiary in the Jordanian trade law.
Keywords: check, the drawer, authorization, mandatory data, and Jordanian trade law.

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