The defence of duress in commercial instruments upon endorsement: between purge and non-purge in the Jordanian legislation

Abstract

The enactment of the law stating that endorsement constitutes purge of defences to commercial instruments is of pivotal importance in strengthening confidence in these instruments and enabling them to perform the functions of payment and credit. However, it is not absolute, and there are exceptions to it. This research focuses on the defence of duress and clarifying whether it is considered one of the defences that accept purification or not in Jordanian legislation. The research concludes that this defence is included in the ranks of defences that do not accept purification, which is considered contrary to the prevailing jurisprudential and judicial orientation. It is recommended that the defence of duress be considered one of the defences that are not explicitly purified by endorsement. The descriptive analytical approach was employed, and the comparative approach was resorted to when necessary.