Tunisia-Kais Saied calls for review of check legislation

President of the Republic, Kaïs Saïed, examined on Monday, June 3, 2024, at  Carthage palace, with the Minister of Justice, Leila Jaffel, the proposed revision of several articles of the Commercial Code relating to the check processing regime.

This reform seeks to set a balance between the different parties implicated in check transactions: the drawer, the drawee and banking and financial institutions.

The Need for Balance

President Saïed underlined that the revision project must be founded on a balance between all stakeholders. He insisted that this project must definitively break with the current legal system which has caused multiple injustices. 

Indeed, the current system is frequently criticized for its lack of fairness and the severe consequences it can cause for check users.

Clarification and addition to the legislation

The President also insisted on the necessity for this project to be not only balanced but also complementary and clarifying the law in force, in particular article 411 of the Commercial Code.

This article, which concerns violations linked to the use of checks, is often considered harsh and disproportionate. The proposed reform thus aims to provide clarification and remove any ambiguity, to guarantee fairer application of the law.

For Kaïs Saïed, national responsibility implies the establishment of justice through new legislation that protects the innocent and puts an end to an inequitable system.