Expiration of the disbursement obligation in the trade transfer without the fulfillment of the fulfillment

Abstract

This research deals with the provisions of the expiration of the disposable obligation arising from the commercial transfer in Iraqi law without the actual monetary payment being achieved, indicating the alternative paths that lead to the discharge of the debtor's debt. The research is divided into two axes: the first examines the reasons derived from the general rules in the civil law that are equivalent to the fulfillment of the obligation, such as the payment of consideration, clearing, consolidation, and renewal, and the extent of their suitability to the creditworthy nature of the commercial paper. While the second axis focuses on the pure exchange penalties leading to the expiration of the obligation without the fulfillment of the right.  It is represented in the moratorium caused by the holder's neglect of the dates for submitting the hawala or the issuance of the protest, and the expiration of the statute of limitations over time. The importance of the study lies in the legislator's balance between credit protection and the stability of commercial transactions