Judicial principles and studies
Cheque: Executable Instrument, Presentment Action and Civil Claim
A brief summary outlining the difference between presentment and civil claims on a cheque, the appellate court's authority after cassation, and how prescription affects a cheque's executability.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This summary addresses key aspects related to cheques: the appellate court's authority after a cassation decision, the distinction between a presentment (commercial) claim and a civil claim seeking the underlying right, applicable prescription periods, and the status of a cheque that has prescribed commercially with respect to executability.
Summary
- After cassation the appellate court has two permissible options: adopt the ruling of the ordinary chamber of the Court of Cassation or adhere to its prior decision; either choice is not blameworthy. - A claim is treated as a presentment (commercial) action when brought under commercial law provisions; it is a civil claim when the claimant seeks the original right or debt for which the cheque was issued under civil law rules. - Prescription for presentment actions follows commercial law, including the period set in Article (271) for cheque-related claims; a claim for a cheque issued without presentment is governed by the general rule in Article (58) with a ten-year period. - Article (217) allows the creditor to pursue the value of a cheque that has prescribed commercially by bringing a civil claim within the ordinary civil prescription period (15 years) for the original right; the cheque may be admitted as evidence alongside proof of that underlying right, and the claimant bears the burden of proving the underlying obligation and its legal basis. - A cheque that has prescribed commercially does not remain an executable instrument on its own; the creditor must obtain a judicial judgment establishing the claim before executing it.
Practical significance
- The summary clarifies different procedural routes depending on whether the claim proceeds under commercial or civil law. - When a cheque has prescribed commercially, the practical approach is to pursue a civil action to establish the underlying obligation and then execute the resulting judgment, rather than relying on the cheque as an enforceable instrument by itself. This content is a general educational summary and not judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.