Provisions of a check without balance in Yemeni law

Abstract

The study dealt with the issue of the check in the Yemeni legislation, as this issue raises several questions, the most important of which are: the extent of compliance with formality in the data included in the check? Is it a reason for establishing criminal liability if it is not mentioned? Especially since the check is one of the most important types of commercial paper and the most common, as it represents a tool of fulfillment and flows the flow of money, so it is used in transactions as a substitute for money, and given this function that the check performs, some may use it in a way that is inconsistent with this function, so the Yemeni legislator organized its provisions He surrounded it with a kind of civil and criminal protection. The study aimed to study the legal system for the check, its nature, and the legal implications of issuing a check without balance. using the descriptive and analytical method. Where I dealt with all this in two sections, the first: what is the check, and the second: the legal effects of the check without balance.

Through the study, several results emerged, the most important of which are: the inadequacy of the legal regulation of the provisions of the check, and the inconsistency in the penalties prescribed for its protection. For this reason, the study recommended reorganizing the legal provisions of the check in order to avoid the deficiencies in it currently.