Judicial principles and studies
Origin of the Right, Presumption of Non-Payment, and Payment to Creditor or Agent
A brief summary of the evidentiary effects of a cheque when claiming the origin of the obligation: its role as documentary evidence, the possession presumption of non-payment, and the effect of payment to the creditor or agent.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
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A brief summary of the evidentiary effects of a cheque when claiming the origin of the obligation: its role as documentary evidence, the possession presumption of non-payment, and the effect of payment to the creditor or agent.
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Subject
This summary addresses the evidentiary role of cheques when a plaintiff claims the origin of the obligation, the presumption arising from possession of the cheques and how that presumption may be rebutted, and the legal effect of payment to the creditor or the creditor's agent as described in the provided points.
Summary
- When a plaintiff seeks to prove the origin of a claim, the cheques are admissible as written evidence under Article (217) of the Commercial Law, but the creditor must establish the origin and the reason for the debtor's obligation beyond the commercial paper alone. - The plaintiff's possession of the cheques gives rise to a presumption of non-payment, which can be overturned by legal evidence, whether written or personal. - Payment made to the creditor or the creditor's agent constitutes payment under Article (320) of the Civil Code. This content is an educational summary and not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Frequently asked questions
Subject?
This summary addresses the evidentiary role of cheques when a plaintiff claims the origin of the obligation, the presumption arising from possession of the cheques and how that presumption may be rebutted, and the legal effect of payment to the creditor or the creditor's agent as described in the provided points.
Summary?
- When a plaintiff seeks to prove the origin of a claim, the cheques are admissible as written evidence under Article (217) of the Commercial Law, but the creditor must establish the origin and the reason for the debtor's obligation beyond the commercial paper alone. - The plaintiff's possession of the cheques gives rise to a presumption of non-payment, which can be overturned by legal evidence, whether written or personal. - Payment made to the creditor or the creditor's agent constitutes payment under Article (320) of the Civil Code. This content is an educational summary and not a judicial text or legal advice.
Practical significance?
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
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Verify the official text and latest amendments before relying on this material professionally.
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