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支票法统一规则

2009-03-24 法律英语 来源:互联网 作者:
presentment;

  (3) the expenses of the protest or equivalent declaration, and of the notices given as well as other expenses.

  Article 46.

  A party who takes up and pays a cheque can recover from the parties liable to him:

  (1) the entire sum which he has paid;

  (2) interest on the said sum calculated at the rate of six per cent, as from the day on which he made payment;

  (3) any expenses which he has incurred.

  Article 47.

  Every party liable against whom a right of recourse is, or may be, exercised, can require against payment, that the cheque shall be given up to him with the protest or equivalent declaration and a receipted account.

  Every endorser who has taken up and paid a cheque may cancel his own endorsement and those of subsequent endorsers.

  Article 48.

  Should the presentment of the cheque or the drawing up of the protest or the making of the equivalent declaration within the prescrbved limit of time be prevented by an insurmountable obstacle (legal prohibition (prescription légal) by any State or other case of vis major),these limits of time shall be extended.

  The holder is bound to give notice without delay of the case of vis major to his endorser and to make a dated and signed declaration of theis notice, on the cheque or on an allonge ; in other respects the provisions of Article 42 shall apply,

  When vis major has terminated, the holder must without delay present the cheque for payment and, if need be, procure a protest to be drawn up or an equivalent declaration made.

  If vis major continues to operate beyond 15 days after the date on which the holder, even before the expiration of the time limit for the presentment, has given notice of vis major for his endorser, recourse may be exercised and neither presentment nor a protest nor an equivalent declaration shall be necessary.

  Facts which are purely personal to the holder or to the person whom he has entrusted with the presentment of the cheque or the drawing up of the protest or the making of the equivalent declaration are not deemed to constitute cases of vis major.

  CHAPTER VII. - PART OF A SET.

  Article 49.

  With the exception of bearer cheques, any cheque issued in one country and payable in another or payable in a separate part overseas of the same country or vice versa, or issued and payable in the same or in different parts overseas of the same country, may be drawn in a set of identical part. When a cheque is in a set of parts, each part must be numbered in the body of the instrument, failing which each part is deemed to be a separate cheque.

  Article 50.

  Payment made on one part operates as a discharge, even though there is no stipulation that such payment shall render the other parts of no effect.

  An endorser who has negotiated parts to different persons and also the endorsers subsequent

to him are liable on all the parts bearing their signatures, which have not been given up.

  CHAPTER VIII. - ALTERATIONS.

  Article 51.

  In case of alteration of the text of a cheque, parties who have signed subsequent to the alteration are bound according to the terms off the altered text; parties who have signed

  before the alteration are bound according to the terms of the original text.

  CHAPTER IX. - LIMITATION OF ACTIONS.

  Article 52.

  Actions of recourse by the holder against the endorsers, the drawer and the other parties liable are barred after six month as from the expiration of the limit of time fixed for

  presentment.

  Actions of recourse by the different parties liable for the payment of a cheque against other such parties are barred after six month as from the day on which the party liable has paid the cheque or the day on which he was sued thereon.

  Article 53.

  Interruption of the period of limitation is only effective against the person in respect of whom the period has been interrupted.

  CHAPTER X. - GENERAL PROVISIONS.

  Article 54.

  In the present law the word "banker" include the persons or institutions assimilated by the law to bankers.

  Article 55.

  The presentment of protest of a cheque may only take place on a business day.

  When the last day of the limit of time prescribed by the law for performing act relating to a cheque, and particularly for presentment or for the drawing up of a protest or the making of an equivalent declaration, is a legal holiday, the limit of time is extended until the first business day which follows the expiration of that time. Intermediate holidays are included in computing limit of time.

  Article 56.

  The limits of time stipulated in the present law shall not include the day on which the period commences.

  Article 57.

  No days of grace, whether legal or judicial, are permitted

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