Legal adaptation of optional data in the commercial transfer (Optional data convention habits or legal rules?)

Optional data constitutes an element of the formalities of the commercial remittance in addition to its basic element of mandatory data that the legislator has required to provide; If the latter expresses the will of the legislator and his desire to provide commercial means capable of establishing a legal disposition originating the obligations of exchange in the receivables of customers by these means, the The optional data faithfully reflect the will of the cheque drawer and consist of persons transferring ownership of the cheque to others by signing on the back of the cheque and from the guarantor. Despite the importance of these data as they reflect the true will of the holder of the instrument, but the attention of the jurists on them focused on only two aspects of legal aspects, one of what is the provisions of some of these optional data than known by traders in their trading environment and the other is to determine the conditions of validity. While these jurists should have discussed a very important issue which in itself constitutes another important legal aspect of the optional data of the commercial transfer, namely the question of determining the correct legal adaptation to it. It is noteworthy that most jurists tend to study these data as just additional conditions or agreement without being exposed to the reality of this adaptation, ie without in-depth knowledge of whether these data are really just additional conditions or agreement or deviate from it to be habits of convention or customary rules or legislative rules. The answer to this question was, in fact, the main motive for the selection of this research and we preferred to be limited to the scope of this research to analyze the position of the Iraqi legislator only on this issue and in the Iraqi trade law in force without following the analytical method of comparative study because allocating the scope of the research subject to a single legislative position on any legal problem, there is no doubt that it leads to a deeper study and a more precise legal treatment than if the research included exposure to the positions of several legislations towards the problem dealt with in that research, and we had to be exposed in the first topic to a set of optional data Common in the commercial environment in order to explain and identify issues relating to these data, which was regulated by the Iraqi legislator with legal rules, which had an impact in reaching legal adaptation of these data.