الصفحة الرئيسية

Judicial judgment — Court of Cassation – Civil

Bills of Exchange Claims and the Underlying Debt

Decision reference: Court of Cassation Civil Decision No. 4632 of 2021.

A claim on the underlying debt is based on the legal relationship for which the instrument was issued, requiring proof of the cause of indebtedness. In a negotiable-instrument claim, production of the instrument may suffice if the debtor has not denied the signature, because the instrument has self-sufficient evidentiary force.

Updated: 22 September 2026

Prepared and reviewed by: Ashraf Al-Khawaja

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A claim on the underlying debt is based on the legal relationship for which the instrument was issued, requiring proof of the cause of indebtedness. In a negotiable-instrument claim, production of the instrument may suffice if the debtor has not denied the signature, because the instrument has self-sufficient evidentiary force.

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01

Question

When is a bill-of-exchange claim a negotiable-instrument claim rather than a claim on the underlying debt?

02

Extracted principle

A claim on the underlying debt is based on the legal relationship for which the instrument was issued, requiring proof of the cause of indebtedness. In a negotiable-instrument claim, production of the instrument may suffice if the debtor has not denied the signature, because the instrument has self-sufficient evidentiary force.

Notice: this article is general educational information and does not constitute legal advice or a final assessment of any matter.

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