1- Obligating the bank to order partial payment of the check.
2- In the case of a check drawn from the bank and there is no balance for it, the check is considered an executive document, and execution is carried out directly through the execution judge without the need to take any legal action.
It is stated that the purpose of fulfilling the value of the check is the payment of the amount of the check by the bank to the bearer, and in return for the fulfillment it is the balance in the account, which is a right available to the drawer and can be exchanged immediately from the bank. The law specified in Article 618 that the date for delivering the check for fulfillment should be within six months if it is from the state or abroad, and the period is calculated starting from the date of issuance of the check.
As for the term partial fulfillment of the value of the check, it means that part of the value of the check is fulfilled, and accordingly the drawer is discharged, even if there are any endorsers or backup guarantors, if any. UAE law did not require that the full value of the check be paid
It is permissible to fulfill part of it, and postpone the remaining part. This is if the financial condition of the drawer does not allow this, and the choice is up to the drawer to accept partial payment or not.
Whereas Article 617 of the Commercial Transactions Law clarifies that if the amount in the bank account is less than the value of the check, partial fulfillment is applied if the check holder agrees. The bank is obliged to mark each partial payment on the back of the check, and the check is delivered
And a certificate of payment for the bearer of the check, and the bank keeps a copy of the check and a certificate of partial payment. Hence the importance of the partial fulfillment certificate from the bank, as it is a guarantee of the check bearer’s right before the judiciary. The Commercial Transactions Law guarantees the provisions of the check
Without a balance of all rights and guarantees of fulfilling the value of the check, as Article 635 of the law clarifies that the check in which it is proven that there is no balance is an executive document, in accordance with the regulations of the Federal Civil Procedures Law.
If an order is issued not to cash the check from the drawer to the bank, this is known as opposition to the check. Some cases of opposition to the payment of the value of the check have been identified. The first case of opposition includes theft or loss of the check, during which it is permissible to
The check bearer files the opposition, and the second case is the bankruptcy of the check holder, and the opposition may come from the drawer or the check holder.
According to Article 600 of the Commercial Transactions Law, the bank has the right to mark the check as credit, and the bank’s signature is calculated on the face of the check as credit.