191/1950 Coll.
LAW
BILLS AND CHEQUES ACT
of 20 December. December 1950
Modified: 29/2000 Sb.
Change: 296/2007 Sb.
Change: 91/2012 Sb.
The National Assembly of the Czechoslovak Republic decided on this
the Act:
Article 1
Bill of Exchange
PART THE FIRST
Foreign Bill of Exchange
THE FIRST SECTION
Exposure and the form of bills of Exchange
§ 1
Bill includes:
1. the terms of the promissory note, conceived in the custom text of the Charter
expressed in the language in which the Charter is drawn up;
2. to pay a certain sum command unconditional sum;
3. the name of the guy who has to pay (the drawee);
4. the indication of maturity;
5. the indication of the place where it is to be paid;
6. the name of the who or on whose series has to be paid;
7. date and place of issue of the promissory note;
8. signature of the issuer.
§ 2
(1) of the Charter, which is missing some of the commitment referred to in the previous
section, is not valid as a bill of Exchange, subject to the cases referred to in
the following paragraphs.
(2) a bill of Exchange, which is not an indication of maturity, that is payable on
see you next.
(3) if there is no specific data, instead of the names of the
směnečníkova is the place of payment and the place of směnečníkova
residence.
(4) If a bill of Exchange as indicated in the place of issue, that was exposed in the
the place referred to by the name of the issuer.
§ 3
(1) a bill of Exchange may sound on its own series of issuer.
(2) in the Bill of Exchange can be identified as the směnečník itself.
(3) the Bill can be issued on the account of a third person.
§ 4
Bill of exchange payable can be made for a third party, either in the place of směnečníkova
resident, or in the place of another.
§ 5
(1) a bill of exchange payable at sight or at a specific time after seen can
the issuer can appoint a zúrokování Bill. In the other Bill of exchange shall apply this
clause for nenapsanou.
(2) the interest rate is necessary to give the Bill of Exchange; If this information is missing, the
the interest clause for nenapsanou.
(3) the interest runs from the date of issue of the promissory note, if not specified the day different.
§ 6
(1) if the sum of směnečná is given as words, numbers, and do not match if the
These figures, the sum expressed in words.
(2) if the sum of the measured words of the směnečná several times or several numbers and
If these do not match the data, the sum of the smallest.
section 7 of the
If they are on a bill of Exchange, the signatures of the persons who cannot commit, směnečně
false signatures, signatures or signatures, trumped up people that for some
Another reason do not oblige the persons on the promissory note signed or
on behalf of which the promissory note was signed, will not affect the validity of obligations
other persons signed on it.
§ 8
Who signs the Bill as a representative of the person, which is not entitled to
Act itself is směnečně thanks and pay, has the same rights, what would
should a person for whom he acted as their data. This also applies to representatives,
that exceeded the limits of its
§ 9
(1) the issuer is responsible for the receipt and payment of bills.
(2) Your responsibility for adoption may exclude the issuer; each clause,
that excludes its liability for the payment of, pay for nenapsanou.
§ 10
If the Bill, which was to release incomplete, filled as it was
agreed, reply to the owner of the promissory note, that this arrangement has not been
complied with, unless the owner acquired the Bill in bad faith or for the acquisition of
Bill guilty of gross negligence.
THE SECOND SECTION
Endorsement
§ 11
(1) Any Bill, even when not exposed to the series, you can convert
indosamentem (by endorsement).
(2) if the issuer, he conceived the Bill the words "not on the series", or other
a clause of the same importance, you can convert the Bill only in the form and with the effects of
the ordinary procedure (cesse).
(3) the Bill of Exchange can be endorsing (transfer by endorsement) and to the drawee, whether adopted
the Bill or not, the issuer or any other person směnečně
binding. These persons may also endorse the Bill.
§ 12
(1) there must be an unconditional Endorsement. Any condition, which was
made dependent, paid for nenapsanou.
(2) Partial endorsement is invalid.
(3) if the owner, the endorsement for the unfilled.
section 13
(1) the Endorsement must write on the Bill of Exchange or the related
(pendant). It must be signed endorser (who endorsed the Bill converts).
(2) need not be given of endorsement. indosatář (to whom a bill of Exchange
transferred by endorsement); endorsement may depend simply signature
indosantově (blank endorsement, blankoindosament). In the last
the case must be the endorsement, to be valid, written on the reverse of the Bill or
on the pendant.
§ 14
(1) the Indosamentem converted all rights from the Bill.
(2) in the case of blankoindosament, the owner of:
and fill in your name) or endorsement on behalf of someone else;
(b) endorsing the Bill) on blankoindosamentem or on a person;
(c) dispose of the Bill a third person), without blankoindosament fills in and without
Bill indosuje.
§ 15
(1) if it is not the opposite of the clauses, the endorser is responsible for receipt and payment
bills of Exchange.
(2) the Endorser may prohibit further indosaci bills; in this case,
does not correspond to those to which the Bill was further indosována.
section 16 of the
(1) who has a Bill in hand, that is the proper owner,
If their right to a continuous series of indosamentů, and even if the
If it is the last of these blankoindosamentem. The crossed-out endorsements valid
yet unwritten. Followed by blankoindosamentu more
endorsement, that the signer has acquired the Bill of endorsement.
blankoindosamentem.
(2) where a bill of exchange shall cease in any way, is the new owner,
that proves her right in a manner referred to in paragraph 1, shall be obliged to Bill
issue, unless it has acquired in bad faith or in the acquisition of Bill of Exchange
guilty of gross negligence.
§ 17
Who is sued from the Bills, can't do the owner objection that
based on his own relationship to the given issuer or earlier
the owners, unless the owner of the Bills of Exchange Act consciously in the acquisition of the damage
of the debtor.
section 18
(1) if the clause contains the value of the endorsement "to select", "collection", "in
during the accounting department "or another clause expressing only the authorization, the holder of the
do all rights of the Bills, but it can convert only the next
empowering indosamentem.
(2) a person may směnečně committed in this case, do the owners only
such objections, which could be indosantovi.
(3) the authorisation contained in the empowering nor does not terminate the death of endorsement.
the principal, or the loss of its legal capacity.
§ 19
(1) if the clause contains the value of the endorsement "to ensure", "the value in the
pledge "or another clause expressing the stopping, the owner may execute the
all rights of Bill of Exchange; his endorsement, however, has only the effect of the
the enabling of endorsement..
(2) the person committed to the owner of směnečně cannot be objected, that
based on their own relationships to indosantovi, unless the owner of the
When the acquisition Bill acted deliberately to damage the borrower.
section 20
(1) the Endorsement after the maturity of the Bills has the same effects as an endorsement
before maturity. However, if the Bill of indosována only after protest for the
non-payment or after the expiry of the protest, the endorsement only effects
the ordinary procedure.
(2) unless it is shown otherwise, it shall be deemed that the undated endorsement was
the Bill written before the expiry of the deadline for the protest.
THE THIRD SECTION
Acceptance of Bill of Exchange
section 21
The owner of the Bills, or even one who has only the promissory note in the hand, it can up to
due to present směnečníkovi in the place of his domicile at the date of adoption.
section 22
(1) the issuer may establish in each bill of Exchange with either by specifying a time limit, or
without him, the Bill must be presented for adoption.
(2) the issuer may, in its submission of a Bill to ban adoption, unless it is
the Bill, which is due for a third person, or in a place other than the place
směnečníkova residence or that is exposed to a specific time after seen.
(3) the issuer may also establish that the Bill shall not be submitted to the
the adoption before a specific date.
(4) if the issuer does not prohibit the submission of bills for adoption, each
either by specifying a time limit with the endorser, or without him to establish that the Bill must
to be presented for adoption.
section 23
(1) the promissory note issued on time after seen must be submitted to the
receipt within one year from the date of issue.
(2) the issuer of this period may shorten or specify a longer period.
(3) Indosanti these time limits may be shortened.
section 24
(1) Směnečník may request that the submission of bills to the adoption was still
repeated in the following day after the first submission. Participants can
rely on the fact that this request was not granted, only if indicated
in the protest.
(2) the owner is not obliged to keep the Bill submitted for adoption in the hands
the drawee.
§ 25
(1) the adoption of the Bill is written. It is expressed by the word "adopted" or other
the word of the same meaning; sign is směnečník. The mere signature of the drawee
on the obverse of the promissory note is paid for adoption.
(2) If a bill of exchange payable at a certain time after it is seen or if it should be
According to the special clauses to submit for adoption in the specified time limit, it shall be
the adoption date, which dated to happen, unless the owner requests to be
specify the date of the submission. If the adoption is not dated, the owner, to
maintain their rights against indosantům and postihová given, these
omission to give to determine in a timely protest.
section 26
(1) Acceptance must be unconditional; směnečník, however, may limit the
part of the Bill.
(2) if the acceptance Deviates from the content of the Bills otherwise, it shall be equal to
the refusal of acceptance. However, the beneficiary is obliged by the content of their adoption.
section 27 of the
(1) if the issuer specifies a bill of Exchange as payment instead of a place other than the place of
směnečníkova residence, without marks the third person that has to pay,
This person can mark směnečník in adoption. If they do so,
that the consumer himself has pledged to pay the payment.
(2) If a bill of exchange payable at the residence of the drawee, the směnečník in the
the adoption at that point to give the address where you want to apply.
section 28
(1) the adoption of the směnečník agrees to pay the Bill at maturity.
(2) if the Bill is not paid, the owner, even if it is by, against
recipients of the direct right of Bill of Exchange at all, what can be claimed pursuant to §§ 48 and 49.
section 29
(1) the crossed out if its acceptance směnečník written on the Bill, before it
Returns, adoption has denied. Until shown otherwise, it is considered
the strikethrough happened before returning the Bill.
(2) shall notify in writing to the adoption of the Bill, however, směnečník the owner or
any person who has signed the Bill, it is thanks to them according to the
the content of your adoption.
THE FOURTH SECTION
Bill rukojemství
section 30
(1) the payment of a bill of Exchange may be for the entire bills coin or for his
part of the guaranteed Exchange rukojemstvím.
(2) this guarantee can give a third person, or even one who is already on the Bill of Exchange
He signed.
section 31
(1) Rukojemské Declaration on the promissory note or writes the pendant.
(2) Rukojemství is expressed by the words "hostage" or some other clause
the same meaning; the hostage is a sign.
(3) the mere signature of the hostage on the obverse of the promissory note, based
Bill rukojemství, unless it is a signature of the drawee or the issuer.
(4) the Declaration should indicate who takes over. If this is not given,
, takes over for the issuer.
§ 32
(1) the Bills hostage is obliged as the who.
(2) a commitment to the Bill hostage is valid even if there is a commitment, for the
that will guarantee invalid for any reason other than a defect.
(3) Pay the Bills hostage if the Bill of rights, a bill against
, who are guaranteed, and against all who are of this person směnečně
indebted.
THE FIFTH SECTION
The aging promissory note
section 33
(1) a bill of Exchange may be exposed:
see you,
at the time when seen,
at some time after the date of issue,
on a certain day.
(2) bills of Exchange with different maturities or gradual maturity are
invalid.
§ 34
(1) a Bill is payable at sight upon presentation. Must be submitted to the
payment within one year from the date of issue. The issuer may, this time limit
to shorten or specify a longer period. Indosanti can these time limits to shorten.
(2) the issuer may establish that the Bill at sight may not be submitted to the
to pay before a specific date. In this case, the period for the submission of
from this day on.
section 35
(1) the aging promissory note issued on time after seen is governed by the date of
the adoption or the date of the protest.
(2) has not been made the protest, applies with respect to the recipients of that
undated the adoption happen on the last day of the time limit specified for submitting the
a bill for adoption.
section 36
(1) the promissory note issued for one month or several months after the date of
exposure or after seen is due in the same day of the month in which the
paid. If there is no such day in the month, the Bill is payable the last day of
of the month.
(2) if the promissory note issued for one and a half months or several months
and a half months after the date of issue or, as seen after the first full
of the month.
(3) if the maturity of the intended at the beginning, middle or end of the month, means the
the first, fifteenth or last day of the month.
(4) the terms "eight days" or "fifteen days" do not understand one or two
for weeks, but the whole eight or fifteen days.
(5) the term "half-month" means 15 days.
§ 37
(1) If a bill of exchange payable to a specific day in the place, whose calendar is different
from the calendar where she was exposed, the maturity date of the
calendar of the place of payment.
(2) If a Different calendar from the calendar space exposure place of payment,
recalculates the Bills payable some time after the date of issue of the day
exposure on the day which coincides with him according to the calendar of the place
payment, and thus determine the due date.
(3) the time limit for the submission of bills of exchange shall be calculated in accordance with the provisions of paragraph 2.
(4) the provisions of this article cannot be used if the clause on Bill of Exchange
or from the discussion, the data on it, there was the intention to edit the thing by way of derogation.
THE SIXTH SECTION
The payment of the
section 38
(1) a promissory note payable on a particular day or at a specific time after the date of issue
or after must submit to the owner seen the payment on the day of payment, or in the
day one of the two following working days.
(2) the submission of the Bills odúčtovně is equal to its presentation for payment.
section 39
(1) Směnečník may apply when paying bills, that he has been released
with the confirmation of the holder of the payment.
(2) the owner may refuse payment.
(3) partial payment, směnečník Sue, to make this payment
It was indicated on the Bill of Exchange and that he was given confirmation of it.
section 40
(1) the owner of a bill of Exchange is not required to accept the payment before maturity.
(2) Směnečník, which applies before maturity, it is at your own risk.
(3) who paid at maturity, which dispenses with its commitment, unless
fraudulently or if he cannot be attributable to gross negligence. Is obliged to examine the
the accuracy of the series indosamentů, but not indosantů signatures.
§ 41
(1) If a bill of Exchange on a currency that is not in circulation in the payment location, you can
the money to pay the Bills in the national currency according to the value that you want in a day
the due date. Exactly where the debtor with payment, the owner can choose whether to
the Bills to be paid in the national currency coin, according to the exchange rate on the day of
the due date or in accordance with the course on the day of payment.
(2) the value of the foreign currency shall be determined according to the habits of the payment place.
The issuer may, however, establish that it has to pay according to the rate specified in the
a bill of Exchange.
(3) the provisions of the preceding paragraphs cannot be used, the issuer
payment in a currency clause (on payment in a foreign currency).
(4) if the sum of the směnečná given the kind of money that has the same tag,
but a different value in the State of issue and in the State of paying, it is considered
that is the kind of money meant the payment place.
section 42
If the Bill fails to pay within the time limit set out in section 38, each
debtor bills coin before the competent court at the expense and risk of
of the owner.
THE SEVENTH SECTION
The penalty for not taking and for non-payment
§ 43
(1) where a bill of exchange payable at maturity, the holder of a bill of Exchange
execute the recourse against indosantům, and given other people směnečně
blindfolded.
(2) the same right to the owner before the maturity of the Bills of Exchange:
1. If the adoption of fully or partly denied;
2. If the drawee, whether accepted or not, the promissory note issued
the decision on úpadku1) or of the rejection of insolvency "^ 1") for
lack of assets, if its směnečník stopped salaries or
to no avail kept enforcement or execution on his property;
3. If the issuer of the promissory note, which prohibit its
submission for adoption, decision on bankruptcy or rejection
insolvency for lack of assets.
§ 44
(1) the refusal of acceptance or payment of the public deed must be found
(for non-acceptance or protested for non-payment).
(2) the Protest for non-acceptance shall be made within the time limits specified for
submission for adoption. If, pursuant to section 24, paragraph. 1 Bill presented after
First, on the last day of the period, you can make a protest the following day.
(3) the Protest for non-payment shall be made, in the case of a bill of exchange payable in
a specific day or within a specific time after the date of issue or, as seen in the following
one of the two working days following the due date. When
a bill on the sight of the protest shall be made for non-payment in the same
time limits as set out in the preceding paragraph to the protest for the
non-acceptance.
(4) if the protest for non-acceptance, no need to even submit the Bill of Exchange
for payment, or make a protest for non-payment.
(5) Stops the směnečník, whether the Bill accepted or not, their salaries, or
It was to no avail, if conducted execution on his property, the owner may execute the
the penalty only if the Bill presented for payment and směnečníkovi
made a protest.
(6) if the drawee, whether accepted or not, the promissory note or
the issuer of the promissory note, which prohibit its submission for adoption, decided to
bankruptcy or insolvency of the rejection of the proposal for lack of assets,
you just need to exercise of the right of recourse to submit the relevant court decision.
section 45
(1) the owner must give the message about denied acceptance or denied
pay your indosantu and given within four working days
following the protest, or when the clause "without costs" after the date of
the submission. Each endorser must within two working days after receiving
the report, inform your indosanta about the message you received, and tell him
the names and addresses of those who previously submitted a report, and so after a series of up to
given. The deadline runs from the adoption of the previous report.
(2) where, under the preceding paragraph, report the person to
Bill of Exchange signed, must be within the same period brought the same message to its
-Exchange rukojmímu.
(3) if any endorser has No address or give it illegibly,
It is sufficient to give the message indosantu, which precedes it.
(4) a message can be put in every form, also by simply returning the Bill.
(5) the person who is obliged to give the message, it must prove that it gave in the prescribed
the time limit. The time limit is not observed, was made during the period the mail consignment
that contains the message.
(6) Who have not submitted a report on time, does not lose its rights; is responsible for the damage,
that was caused by its negligence, but only to the amount of the Bill
money.
section 46
(1) the issuer of the Bills hostage, or endorser may clause "without spending",
"no protest" or another clause of the same importance to the Bill submitted
and signed release to the owner of the obligation to maintain postihových
the rights to make a protest for not taking credit or for non-payment.
(2) Clause does not release the owner's obligation to submit in due time the promissory note and give
the necessary reports. Demonstrate that the time limits were not respected, it belongs to the one who
is it against the owner.
(3) Clause attached by is effective against all persons who
the Bill signed; clause attached indosantem or Exchange
hostage is effective only against them. If the owner make protest notwithstanding
In addition to the attached by, spending on his score. Connects to
clause endorser or spending bills hostage, protest, was to
the occasion can be enforced on all the people that are on the Bill of Exchange
signed up.
section 47
(1) all who have purchased the promissory note, accepted, indosovali or
ensure they are committed to the owner of the hands of the joint and several.
(2) the owner may request the performance on each of them or a few of them
or all together and is not bound by the order in which they have pledged.
(3) every person has the same right, which has signed on to the Bill and it
paid off.
(4) a claim against some person bound does not prevent směnečně
owner, to seek his rights on the other, might follow
by whom was the first claim.
section 48
(1) the owner may seek recourse:
1. bills coin was a bill of exchange accepted or paid, with interest,
When they have been signed;
2.6% interest on the due date;
3. spending protest and submitted reports, as well as other spending;
4. a reward in the amount of one third of the percentage of the money or Exchange in less
the agreed amount.
(2) Execute If the penalty before maturity, shall be deducted from the Bill
money rate of interest for the meantime. Such interest shall be calculated in accordance with the official discount rate
the Czechoslovak State Bank rates, valid on the day the penalties in place
the owner's residence.
section 49
Who pays the Bill of Exchange can enforce on their predecessors:
1. the entire amount you paid;
2.6% interest on this amount from the date, when he paid;
3. their spending;
4. remuneration, which shall be calculated in accordance with section 48, paragraph. 1. No. 4.
section 50
(1) any person bound by směnečně, which shall be carried out or can
to execute a penalty, can claim to payment of the amount of postihové
the promissory note was issued with the protest and confirmed the account.
(2) Each endorser, which paid off the promissory note, may strike your
endorsement and endorsements after the following.
section 51
When the penalty after a partial acceptance may be the one who pays the amount for
that was not a bill of exchange accepted, claim that this payment was on the Bill of Exchange
stamped and released him about endorsements. In addition, the owner must issue the
certified copy of the Bill of exchange protest, and to allow for more penalties.
section 52
(1) who is authorized to penalize, may, if there is no clause to prevent it here,
put a new bill pay, see you at any of the
their predecessors and due in the residence of the predecessor (návratní
Bill of Exchange).
(2) Návratní Bill contains in addition to the amounts referred to in §§ 48 and 49 reward
dohodcovu and the parity of the fee of the návratní Bill.
(3) the Bill shall be issued if the návratní owner, the sum of its směnečná
According to the rate of the Bills at sight, issued from the payment place the original
bills on the place of residence of the debtor's postižního. Issue-if návratní
Bill endorser, the sum of its směnečná according to the rate on bills of Exchange
sight, issued from the places of residence of the issuer of the promissory note to the place of návratní
the residence of the debtor's postižního.
section 53
(1) the default limit laid down
to submit Bills at sight or at a specific time after seen,
to protestaci for the non-acceptance or for non-payment,
to submit Bills to pay when the clause "without spending"
the owner loses his rights against indosantům, and given all the other
persons směnečně blindfolded except the recipient.
(2) where a Bill is presented to the adoption within the time specified by the,
losing the rights of recourse as the owner for non-payment, the rights of recourse for
non-acceptance, unless the wording of the clause, that the issuer wants to exclude only
responsibility for adoption.
(3) if the time limit for the submission of the contained in the may of endorsement.
relied on just the endorser.
§ 54
(1) if the timely submission of bills or early protestaci
insurmountable obstacle (any legal provisions of the State or other
a case of force majeure), extend the time limits fixed for these acts.
(2) the owner is obliged to immediately put his indosantu on the case
force majeure, indicate this message on a bill of Exchange or the pendant and connect
date and signature; In addition, the provisions of § 45.
(3) Pass the higher power, the owner shall immediately submit the Bill to the
acceptance or payment and after the case put to make the protest.
(4) If a higher power for more than 30 days after the due date, you can execute the
recourse, without it being necessary to submit a bill or make a protest.
(5) for the Bills at sight or at a specific time after seen counts
the 30-day period from the date when the owner gave his indosantu message that
There was a higher power; This message can be put before the expiry of the time limit to
the submission. For bills on time after seen extending the 30-day
period of time after it is seen, declared in the Bill of Exchange.
(6) information concerning only the person of the owner or
whom the owner commissioned the present Bill or make a protest,
There are cases of force majeure.
THE EIGHTH SECTION
Směnečná intervention
1. General provisions
section 55
(1) the issuer of the Bills hostage, or endorser may give the person who has
in need to accept or pay the promissory note (the support address).
(2) under the conditions listed below may be a bill of exchange accepted or paid
for the honor of any postihového of the debtor.
(3) each of the third and směnečník, as well as any person no longer equal, směnečně,
with the exception of the recipient, the Bill for the privilege to accept or pay.
(4) the Bill for the honor of Who accepts or pays, is obliged to give a report on the
that person within two working days, for which the směnečně committed to do so.
If this fails to meet the deadline, is responsible for the damage caused by his
negligence, but only to the amount of the Bill money.
2. acceptance for honor
section 56
(1) Acceptance for honor is admissible in all cases in which the
the owner execute a penalty before maturity, unless the Bill, whose
submission for adoption is prohibited.
(2) if the Bill is given, the person who has, in the case of an emergency in the payment
place the Bill take or pay, can the owner before its maturity
execute the postihová law against anyone who joined a support address, and
against those who follow after him, just submit a promissory note to the person referred to
in the support address; If it is denied acceptance for honor, refusing to find out
protest.
(3) in other cases, the owner may refuse the acceptance for honor.
However, it is to admit, losing the rights to postihová before maturity
against it, for whose honour is the adoption of, and against those who after him
follow.
§ 57
Acceptance for honor to be indicated on the Bill of Exchange; the recipient for the honor of signing.
Must indicate, for whose honour the Bill of Exchange; If there is such information,
, the acceptance for honor of the issuer.
section 58
(1) the recipient is obliged to honor the owner and indosantům who follow the
for the poctěným, as well as flattered.
(2) despite the acceptance for honor may be honored and those who are his směnečně
committed to pursue the owner a bill on payment of the amounts referred to in section
48 to give the Bill of Exchange, the protest, which was perhaps made, as well as
confirmed the account.
3. Payment for honor
section 59
(1) Payment for honor is admissible in all cases where the owner can
to execute the penalty at maturity or before maturity.
(2) Payment for honor must contain the full amount you would have to
pay honored.
(3) Payment for honor must be no later than the day after the expiry of the
laid down for taking the protest for non-payment.
section 60
(1) where a bill of exchange accepted for honor persons residing in
the place of payment, or if the address given as support persons resident
at this point, the owner must submit a promissory note to all these parties and to put after the
the case made the protest for non-payment no later than the day after the expiry of the
to protest.
(2) Fails to protest in this period, is free from obligation to the one who gave the
subsidiary address, or for whose honor was Bill adopted, as well as
indosanti, who follow after them.
section 61
If the owner refuses payment for honor, loses its rights against postihová
those who would be exempted from the obligation.
section 62
(1) Payment for honor to be confirmed on the Bill, stating that, for
whose honor happened. If this information is missing, that were paid for
the honor of the issuer.
(2) the payer for honor must issue a promissory note and a protest was made.
section 63
(1) of the Bill of rights shall Honour bills of Exchange against poctěnému and against persons,
směnečně committed to him. However, it cannot endorse the Bill further.
(2) the following Indosanti after poctěném are exempted from the obligation.
(3) If several Offers of payment for honor takes precedence over it, which
the undertaking shall relieve the most people. Who pays for things znaje honor against
This provision loses postihová rights against those who would otherwise have been
exempted from the obligation.
THE NINTH SECTION
Bill copies and copies of the
1. Copies
section 64
(1) a promissory note can be issued in two or more counterparts.
(2) such copies shall be numbered in the text of the Charter, the
each copy of a particular Bill.
(3) every owner of a promissory note, in which there is no indication that was exposed in a single
a copy, you may sue to him on his expense were issued more
copies. For this purpose must contact the indosanta and again on
its indosanta and so after a series until it reaches a given issuer.
(4) Indosanti are required to repeat their endorsements on the new
counterparts.
section 65
(1) has been paid one copy of the lapse of all rights
copies, even if they do not conclude that the payment of the one
a copy of the other shall cease to have effect. Směnečník, however, remains thanks
from each received a copy of, which was not returned to him.
(2) the Endorser, which transferred the copies on different people, as well as
indosanti the following are committed from all the copies, which are
their signatures, and that have not been returned.
section 66
(1) Whoever sends one copy to the adoption must in other counterparts
indicate the name of the person who has the copy sent to the adoption. This person is
obliged to issue it to the proper owner of another copy.
(2) Denies this, the owner may execute a sanction only if previously
find out the protest:
1. that, at his request, was issued a copy of the sent to the adoption;
2. it was not possible to achieve acceptance or payment on a copy of another.
2. Copies of the
§ 67
(1) every owner of a promissory note shall be entitled to take copies thereof.
(2) in the copy must be exactly repeated the text of the original with the endorsements and the
all other clauses therein. It must indicate, where
a copy of the ends.
(3) a copy of you can endorse the statement and to rukojemským as well, and with the
the same effect as the original.
section 68
(1) the copy shall be marked with the person who has the original. This person is
obliged to issue the original of the proper owner of the copy.
(2) Denies this, the owner may execute the penalties against those who copy
indosovali or rukojemství, took him only if the previously
find out the protest that, at his request, not the original.
(3) if the original after the last, written before him of endorsement.
the making of a copy, the clause "applies only to the endorsements from here copy" or
another clause of the same meaning, is the endorsement written later on
the original invalid.
THE TENTH SECTION
Changes
§ 69
If the modified text of the Bills, are those who have signed on to the Bill after this
change, committed by the amended text; those who have signed up previously,
they are committed to according to the text of the original.
THE ELEVENTH SECTION
Limitation period
section 70
(1) the draw of the claims against the beneficiary shall become statute-barred within three years from the date of
due date of the promissory note.
(2) the owner of the Claims against the indosantům and against the given issuer is barred in
one year from the date of the protest in time taken or when the clause "without
spending "in one year from the due date of the promissory note.
(3) Claims against the other indosantům and indosantů against the given issuer is
expire in six months from the date when the Bill of Exchange, or has paid endorser
When was the claim judicially enforced against him.
section 71
Interruption of the limitation period is only effective against it, for which there was a
the fact of establishing an interruption.
TWELFTH SECTION
General provisions
section 72
(1) If a bill of Exchange in the working day, you can claim the payment of
only in the next working day. Also all other acts relating to
bills of Exchange, in particular the adoption and submission to the protest, the State only in
working day.
(2) if the last day of the period in which the State has one of these
operations, on the working day, the time limit shall extend until the next day
of the work. Working days within the period to be calculated.
section 73
The statutory time limits or deadlines in the Bill provided for a day, from the
which beginning time limits run.
§ 74
Do not allow any days of grace, whether statutory or judicial.
PART THE SECOND
Promissory note
§ 75
The promissory note contains:
1. the terms of the promissory note, conceived in the custom text documents and
expressed in the language in which this Charter is drawn up;
2. the unconditional promise to pay a specific sum of money;
3. the indication of maturity;
4. the indication of the place where it is to be paid;
5. the name of the who or on whose series has to be paid;
6. date and place of issue of the promissory note;
7. the signature of the issuer.
§ 76
(1) of the Charter, which is missing some of the commitment referred to in the previous
section, is not valid as a promissory note, subject to cases of
referred to in the following paragraphs.
(2) a promissory note, which is not an indication of maturity, that is payable
on sight.
(3) if there is no specific information, place of issue of the promissory note is
the place of payment and the place of residence of the výstavcova.
(4) if it is not in the promissory note given instead of exposure, was
exposed in the place referred to by the name of the issuer.
§ 77
(1) if it is not contrary to the nature of the promissory notes, the provisions for her
for the Bill of Exchange on
of endorsement. (sections 11 to 20),
due date (sections 33 to 37)
payment (sections 38 to 42),
penalties for non-payment (sections 43 to 50, 52 to 54),
payment for honour (§§ 55, 59 to 63),
copies (sections 67 and 68),
changes (section 69),
limitation periods (sections 70 and 71),
the days of rest,
calculation of time limits and the prohibition of
days of grace (sections 72 to 74).
(2) for the promissory note also applies the provisions of bills
payable for third persons or in another place than the residence of the drawee
(sections 4 and 27), the interest clause (section 5), concerning irregularities in the data
Bill amount (section 6), of the consequences of signing the Bill of Exchange under the terms of section 7, the
the consequences of the signature of the person who acted without permission to represent
or which exceeded such a privilege (§ 8), and the Exchange (§ 10).
(3) for the promissory note also applies the provisions of the Exchange rukojemství
(sections 30 to 32); in the case of section 31, paragraph. 4, Bill
rukojemství, if it is not given, who takes over, takes over for the issuer
the promissory note.
§ 78
(1) the issuer of the promissory note is the same as the recipient of foreign
bills of Exchange.
(2) a promissory note, due some time after seen, must be submitted
given to seen in the periods referred to in section 23. After a period as seen from the
the data confirmed the signature of the issuer as seen on the Bill of Exchange. Denies the issuer
confirm and date, need to find out a protest (section 25), from whose
the time limit begins to run after the data seen.
PART THE THIRD
Additional provisions
THE FIRST SECTION
The protest and some other Bill of Exchange operations
section 79
The protest must be made by a court, a notary or local National Committee.
§ 80
In protest the Charter should be noted:
1. name, for whom and against whom the protest is;
2. a statement that the one against which the protest was without result shall be invited to
-Exchange performance or that it could not be reached or could not be
find the room where your business operates, not his apartment;
3. the indication of the place and date where and when to call or to bezvýslednému
attempted;
4. with respect to acceptance or payment for honor, note, from whom, for
who and what was offered or how to accept or to pay for
the honor;
5. If so requested by the směnečník, which was submitted to the adoption of the Bill to him
She was again presented in the following day, a note about it;
6. literal copy of the promissory note (copy) with all the endorsements and comments;
7. signature of the protest, the official seal of the authority or official stamp.
§ 81
If the implementation of the Bill on several persons or several times to
the same person, just the only one instrument of protest.
section 82
The Bill can be paid into the hands of the protest of the authority. Permissions
protest authority to accept a payment, it cannot be ruled out.
section 83
(1) the authority is obliged to Protest for reimbursement, without delay, issue a
the owners of the promissory note or its designee shall deliver the original of the instrument of protest and on
the request also the plain or certified copy.
(2) it is also obliged to protests by their entire content in the day
right time and number to enter a special book, which is a list for the
a sheet bearing the serial numbers; the participants or their legal
the successors for the reimbursement of expenses at any time to issue an extract from this book.
§ 84
Who makes the protest can protest until the release of the Charter, for which the
the protest is, fix the errors in writing, ellipses, and other defects of the protest
of the Charter. The patch should be marked as a repair and sign.
§ 85
Protests to be held in the period from nine to eighteen hours and outside of this
time, only if it expressly that, against which the protest is;
approval shall be marked in the protest.
§ 86
On the Bill of Exchange or on the pendant shall be marked, that the protest was carried out.
Omission of this record does not affect the validity of the protest.
§ 87
(1) the presentation of bills to the acceptance or payment, acquisition of the protest,
request a copy of the Bill of Exchange, as well as all other acts which must
be performed for certain persons to be carried out in rooms where
runs his own business, and if he does not, or not-to find, in the
her apartment. Elsewhere can be made only if both
the parties; approval shall be marked in the protest.
(2) if the protest noted that failed to find a room,
where the enterprise operates, or apartment, and it was still possible to discover,
the protest is not therefore ineffective.
(3) the provisions of paragraph 2 shall not affect the liability of the protest of the authority
which examination held appropriate investigations. If the query for the reporting
authority without result, the protest is not the authority required to take place further investigation.
section 88
Operations to be carried out in a place specified on a bill of Exchange may
be carried out at the place of another, if the in the Act, about which,
the agreement of its participants. Certified to perform the Act in writing,
shall indicate in the certificate and consent.
THE SECOND SECTION
Enrichment
§ 89
(1) the issuer or recipient whose prescription bills obligation has lapsed
or the fact that there was no timely executed the manoeuvre required for maintaining Exchange
the claim shall remain owner of the Bills committed only if its damage
enrich.
(2) entitlement to the issue of enrichment promlčuje in three years from the date of
the demise of the Bill liability.
(3) Against the Bills indosantům, whose commitment has lapsed, it is not like that
the claim.
THE THIRD SECTION
Lost or damaged bills and protest of the Charter
§ 90
(1) the Bill of Exchange that has been lost or destroyed, it can be declared
umořenou.
(2) the instrument of protest that has been lost or destroyed, it can be
replace the listing of books issued by the protest Committee protests authority (§ 83
paragraph. 2).
PART THE FOURTH
cancelled
§ 91
cancelled
section 92
cancelled
§ 93
cancelled
§ 94
cancelled
section 95
cancelled
section 96
cancelled
§ 97
cancelled
§ 98
cancelled
Article II
Check
THE FIRST SECTION
Exposure and the form of a check
§ 1.
The check includes:
1. the indication that it is a check, conceived in the text of the Charter and
expressed in the language in which this Charter is drawn up;
2. to pay a certain sum command unconditional sum;
3. the name of the guy who has to pay (the drawee);
4. the indication of the place where it is to be paid;
5. date and place of issue;
6. the signature of the issuer.
§ 2.
(1) of the Charter, which is missing some of the commitment referred to in the previous
section, is not valid as a check, except in cases referred to in
the following paragraphs.
(2) if there is no specific data, instead of the name of drawee
It is the place of payment. If it is mentioned several places with the names of the drawee, is
check payable in place first.
(3) if there is no such data, or any other information, the check payable in
the place where the drawee has its main plant.
(4) if the check is not in the given place of issue, that was exposed in the
the place referred to by the name of the issuer.
§ 3.
Check with the financial institution (Banker), for which the issuer has
the claim, and by arrangement made explicitly or implicitly, that the issuer
is entitled to check this claim. Nešetření of these
the provisions shall not affect the validity of the instrument as a check.
§ 4.
Checks cannot be accepted. The information on the cheque, the cheque accepts, pays for
nenapsaný.
§ 5.
(1) in check, you can designate that you want to pay:
and a person with express) clause "in the series", or without such clauses;
(b)) a person with the clause "not on the series", or with the endorsement of the same
importance;
(c)).
(2) a check issued to a person with the clause "or the owner" or
with the guidance of the same meaning, that is issued to the owner.
(3) on the check, which is not shown, for whom he was exposed to, that is
issued to the owner.
§ 6.
(1) a check on its own may sound like a series of issuer.
(2) a check can be issued on the account of a third person.
(3) Check cannot be exposed to the issuer, unless it is a check issued between
the different races of the same issuer.
§ 7.
Any interest in the check clause is valid for the nenapsanou.
§ 8.
A check can be made payable in the residence of a third person, either in the place where the
the drawee or his domicile in the place of another, but only if this
a third party financial institution (the Banker).
§ 9.
(1) If a cheque the sum indicated both in words and numbers, and if these do not match
the figures, the sum expressed in words.
(2) If a cheque the sum mentioned several times in words or numbers and times
If these do not match the data, the sum of the smallest.
§ 10.
If they are to check the signatures of the persons who cannot commit, šekově
false signatures, signatures or signatures, trumped up people that for some
Another reason do not oblige the persons who signed the check, or whose
on behalf of the check was signed, will not affect the validity of obligations of other
persons signed on it.
§ 11.
Who signs the check as a representative of the person, which is not entitled to
Act itself is šekově thanks and pay, has the same rights, what would
should a person for whom he acted as their data. This also applies to representatives,
that exceeded the limits of his authority.
§ 12.
(1) the issuer is responsible for the payment of the cheque.
(2) any clause which excludes liability, pay for
nenapsanou.
§ 13.
If the check, which was at the release of incomplete, filled as it was
agreed, reply to the owner of the check, that this arrangement has not been
complied with, unless the owner has acquired the cheque in bad faith or for the acquisition of
the cheque is guilty of gross negligence.
THE SECOND SECTION
Endorsement
§ 14.
(1) a check issued to a person can convert indosamentem
(endorsed), even if not expressly "to the series".
(2) a check issued to a person with the clause "not on the series" or
another clause in the same meaning can be converted only in the form and with the effects of
the ordinary procedure (cesse).
(3) Check to endorse (transfer by endorsement) also on the issuer or the
any other person šekově bandaged. These persons can check on
endorse.
§ 15.
(1) there must be an unconditional Endorsement. Any condition, which was
made dependent, paid for nenapsanou.
(2) Partial endorsement is invalid.
(3) the endorsement šekovníkův is invalid.
(4) if the owner, the endorsement for the unfilled.
(5) the Endorsement to the drawee only as a confirmation of the payment, unless the
the drawee has several plants and endorsement added to a different race than on that
the check was issued.
§ 16.
(1) the Endorsement to be to write on the check or on the sheet with the associated
(pendant). Must be signed by indosantem.
(2) need not be given of endorsement. indosatář (to whom the check endorsed
Converts); endorsement may depend on the mere signature of indosantově
(blank endorsement, blankoindosament). In the latter case, it must be
endorsement, to be valid, written on the reverse of the cheque or the pendant.
§ 17.
(1) the Indosamentem converted all rights from the check.
(2) in the case of blankoindosament, the owner of:
and fill in your name) or endorsement on behalf of someone else;
(b) endorse the check blankoindosamentem) or on a specific person;
(c) deliver the person to a third check) without blankoindosament fills in and without a check
indosuje.
§ 18.
(1) if it is not the opposite of clause corresponds to the endorser for the payment of the cheque.
(2) the Endorser may such transactions next indosaci cheque; in this case,
does not match those on which the check was on indosován.
§ 19.
About who has the check, which can be converted, in the hands of indosamentem,
is the proper owner, if they prove their right to a continuous series of
indosamentů, and even if it is the last of these blankoindosamentem.
The crossed-out endorsements for apply unwritten. Followed by a
blankoindosamentu for additional endorsement, that the signer of the
acquired blankoindosamentem of endorsement. check.
§ 20.
Endorsement on the cheque issued to the owner undertakes to indosanta according to the
the provisions on the penalties, however, the Charter does not alter the in check on the series.
§ 21.
Shall cease if someone check in any way, its not the new owner-whether
It is a check on the owner or on the check, which can be converted indosamentem, and
the owner establishes his right under section 19 shall check issue, unless
It has acquired in bad faith or is guilty of gross when the acquisition of the check
the negligence.
section 22.
Who is being sued by the owner of the cheque cannot be objected, that
based on his own relationship to the given issuer or earlier
the owners, unless the owner of the cheque when the acquisition has acted deliberately to damage
of the debtor.
section 23.
(1) if the clause contains the value of the endorsement "to select", "collection", "in
during the accounting department "or another clause expressing only the authorization, the holder of the
do all rights of the check, but it can convert only the next
empowering indosamentem.
(2) a person may šekově committed in this case, do the owners only
such objections, which could be indosantovi.
(3) the authorisation contained in the empowering nor does not terminate the death of endorsement.
zmocnitelovou, or the loss of its legal capacity.
§ 24.
(1) the Endorsement made after protest or after detection of the same meaning
or after the closing date for the submission of the check has just the effects of the common
the procedure.
(2) unless it is shown otherwise, it shall be deemed that the undated endorsement was
written on the cheque before the protest, or prior to the finding of the same importance or
before the closing date for the submission of the check.
THE THIRD SECTION
Check rukojemství
section 25.
(1) the payment of the cheque may be checking for the entire coin or for his part
guaranteed cheque rukojemstvím.
(2) this guarantee can give the third person, with the exception of the drawee, or even the one who
already signed on the check.
section 26.
(1) Rukojemské Declaration on the check or writes on the pendant.
(2) Rukojemství is expressed by the words "hostage" or some other clause
the same meaning; the hostage is signed.
(3) a mere signature on the obverse of the cheque, the cheque is based rukojemství,
unless it is a signature of the issuer.
(4) in the statement must indicate who takes over. If this is not given,
, takes over for the issuer.
section 27.
(1) Checking the hostages is bound to as well as the who.
(2) the undertaking holding the cheque is valid even if there is a commitment, for the
that will guarantee invalid for any reason other than a defect.
(3) pay-cheque to the hostages, the rights of check check against it, for
who is guaranteed, and against all who are šekově to this person committed.
THE FOURTH SECTION
Submission and payment
section 28.
(1) the cheque is payable at sight. Each different indication applies for nenapsaný.
(2) check, which shall be submitted to the payment before the date on which it is declared.
as the date of issue, is payable on the day of submission.
section 29.
(1) Check that is issued and payable in the same State, shall be submitted to the
payment within eight days.
(2) check, which is exposed in a State other than that in which it is payable,
to be submitted for payment within twenty days, if the place of issue and
instead of the payment in the same continent, and for seventy days, if instead of
issue and instead of paying in different continents.
(3) of the cheques, which are exposed in one State of the European and
are splatny in a coastal State of the Mediterranean, or vice versa,
are exposed and splatny in the same continent.
(4) the time limit runs from the date, which is given as the date on the check
exposure.
section 30.
If the cheque is issued on the spot, whose calendar is different from the calendar
the place, where he was exposed to the day of issue, recalculates the date with
It matches according to the calendar of the place of payment.
section 31.
Limitation of odúčtovně is equal to its presentation for payment.
section 32.
(1) check the revocation is effective only after the expiry of the deadline for submission.
(2) if the check has not been revoked, the drawee to pay even after expiry of the period to
the submission.
section 33.
On the validity of the cheque does not affect nor death, nor the loss of its issuer
the eligibility of legal capacity, which occurs after exposure.
§ 34.
(1) the drawee to pay the check may claim that the cheque has been issued
bearing the owner's confirmation of the payment.
(2) the owner may refuse payment.
(3) when a partial payment, the drawee to claim this payment
It was indicated on the check, and that he was given confirmation about it.
section 35.
The drawee that pays the indosovatelný check, is obliged to examine the accuracy of the
a series of indosamentů, but not indosantů signatures.
§ 36.
(1) If a cheque for a currency that is not in circulation in the payment location, you can
checking coin pay in the local currency according to the value that you want in a day
the payment. If the check is not paid upon presentation, the owner may choose whether
has the cheque coin to be paid in the national currency according to the exchange rate on the day of
submission or according to the rate at the day of payment.
(2) the value of the foreign currency shall be determined according to the habits of the payment place.
The issuer may, however, establish that it has to pay according to the rate specified in the
the check.
(3) the provisions of the preceding paragraphs cannot be used, the issuer
payment in a currency clause (on payment in a foreign currency).
(4) If a cheque the sum given the kind of money that has the same tag,
but a different value in the State of issue and in the State of paying, it is considered
that is the kind of money meant the payment place.
THE FIFTH SECTION
Check křižovaný and check clearing
section 37.
(1) the issuer or owner of the cheque can be cross with the effects referred to in
section 38.
(2) the Cruise is going on two parallel lines on the obverse of the check. May be
General or special.
(3) cruising is General, if there is between the two lines of any indication
or if between them the designation of "financial institution" (the Banker) or of the designation
the same meaning; Cruising is specific, if the surrounding between the two lines
the name of the financial institution (the Banker).
(4) Cruising can change the General cruise special, but
Cruise special cannot be changed on the cruise of the General.
(5) the strikethrough cruising or the names of designated financial institution
(Banker), as would have happened.
section 38.
(1) Check the drawee to pay General křižovaný can just cash Institute
(bankers) or its customer.
(2) Check with a special can only pay the aisles of the drawee marked
Monetary Institute (bankers), or if a financial institution (the Banker)
the only recourse, to its customer. Designated financial institution (the Banker) can
However, to select the check to use another financial institution (the Banker).
(3) the financial institution (the Banker) can take a check from one of the křižovaného only
your customer or from another financial institution (the Banker). Can it
Select only on behalf of those persons.
(4) If on the check to the Special Cruises, the drawee
pay only if the two cruises, and one of them is to select
check odúčtovnou.
(5) the drawee or the Monetary Institute (Banker), which is against these
the provisions, shall be responsible for the damage up to the amount given the cheque amount.
§ 39.
(1) the issuer of the cheque owner can disable the cheque was paid in
cash, the clause "only to clearing" or another clause of the same
the importance of the submitted across the front of the check.
(2) in this case, the drawee may settle the cheque only accounting
(credit memo, wire, netting). Such clearing shall be equal to the payment
the check.
(3) by striking clauses "to", as would have happened.
(4) the drawee, is against these provisions, it is responsible for the ground
damage up to the amount of money in connection with cheques.
THE SIXTH SECTION
Penalties for non-payment
section 40.
The owner may execute the recourse against indosantům, and given to other people
šekově bonded, if check is not paid in due time submitted, and if the
the refusal of paying established:
1. public deed (protest);
2. the written declaration, dated šekovníkovým, written on check
an indication of the day;
3. a declaration that the dated odúčtovny check was submitted in a timely manner, and that
has not been paid.
§ 41.
(1) the Protest or the findings of the same importance should be made before the expiry of the
the deadline for submission.
(2) where a cheque is submitted on the last day of this period, you can make a protest
or finding the same meaning even in the following working day.
§ 42.
(1) the owner must give a report on the payment of your indosantu and denied
given within four working days following the date of the protest, or after
the date of the finding of the same importance or when the clause "without costs" after the date of
the submission. Each endorser must, within two days after the everyday got
the report, inform your indosanta about the message you received, and tell him
the names and addresses of those who before the report, and after a series of up to
given. The deadline runs from the adoption of the previous report.
(2) where, under the preceding paragraph, report the person to check
signed must be filed within the same period the same message its
cheque rukojmímu.
(3) if any endorser has No address or give it illegibly,
It is sufficient to give the message indosantu, which precedes it.
(4) a message can be put in every form, also by simply returning the check.
(5) the person who is obliged to give the message, it must prove that it gave in the prescribed
the time limit. The time limit is not observed, was made during the period the mail consignment
that contains the message.
(6) Who have not submitted a report on time, does not lose its rights; However, for the damage corresponds to the
that was caused by its negligence, but only to the amount of the cheque
money.
section 43.
(1) the issuer, endorser, or checking the hostages can clause "without spending",
"no protest" or another clause of the same importance to check submitted and
signed release of the owner of the obligation to maintain postihových
the rights gave a protest or make findings of the same meaning.
(2) Clause does not release the owner's obligation to check in time to submit and give
the necessary reports. Demonstrate that the time limit has not been respected, belongs to the one who
is it against the owner.
(3) Clause attached by is effective against all persons who
on the cheque signed; clause indosantem or cheque attached hostage is
effective only against them. If the owner to make a protest or findings
the same meaning, apart from clause attached by, they go on spending
his score. Connect to clause endorser or checking the hostages, spending
the protest or the findings of the same meaning, if he were taken, may
be enforced on all the people who signed the check.
§ 44.
(1) all persons committed to the owner of the hands correspond to the šekově common and
several.
(2) the owner may request the performance on each of them or a few of them
or all together and is not bound by the order in which it is committed.
(3) every person has the same right to be indebted to šekově that check paid off.
(4) a claim against some person bound does not prevent šekově
owner, to seek his rights on the other, might follow
by whom was the first claim.
§ 45.
The owner may seek recourse:
1. check if the check was not a penny has been paid;
2.6% interest from the date of submission;
3. spending a protest or findings of the same importance and spending reports, as well as
other spending;
4. a reward in the amount of one third of the percentage of the money or cheque in the lower
the agreed amount.
§ 46.
Who pays the check, can enforce on their predecessors:
1. the entire amount you paid;
2.6% interest on this amount from the date, when he paid;
3. their spending;
4. remuneration, which shall be calculated in accordance with section 45 4.
§ 47.
(1) any person bound by šekově, which shall be carried out or can execute
recourse may claim to payment of the amount of postihové was
issued a cheque with the protest or the findings of the same meaning, and confirmed the account.
(2) Each endorser, check paid off may scratch your endorsement and
endorsements following after him.
section 48.
(1) if the timely submission of a cheque or a timely protestaci or
the findings of the same significance unsurpassed obstacle (statutory provisions
a State or some other case of force majeure), extend the time limits
fixed for these acts.
(2) the owner is obliged to immediately put his indosantu on the case
force majeure, indicate this message on the check or the pendant and connect date
and signature; In addition, the provisions of section 42.
(3) Pass the higher power, the owner shall immediately submit the check to
After paying and give make a protest or the findings of the same meaning.
(4) If a higher power for more than fifteen days from the date on which the owner,
even before the expiry of the time limit for the submission of its report, gave the indosantu that
There was a higher power, you can execute the postihová law, without need to submit
a cheque or make a protest or the findings of the same meaning.
(5) information concerning only the person of the owner or
whom the owner commissioned to submit a cheque or make a protest or findings
the same meaning, that there are cases of force majeure.
THE SEVENTH SECTION
Check copies
§ 49.
Unless the cheque to the owner, each cheque that is exposed in the
one Member State and payable in another State or in the overseas parts of the same State
and vice versa, or in check, which is exposed to, and payable in the same overseas part
or in the various overseas parts of the same State, exposed in several
counterparts. If the check is issued in several counterparts, these must be
copies numbered in the text of the Charter itself, otherwise, each copy of the
a special check.
§ 50.
(1) has been paid one copy of the lapse of all rights
copies, even if they do not conclude that the payment of the one
a copy of the other shall cease to have effect.
(2) the Endorser, which transferred the copies on different people, as well as
indosanti the following are committed from all the copies, which are
their signatures, and that have not been returned.
THE EIGHTH SECTION
Changes
§ 51.
If the modified text of the check, are those who have signed the cheque after this
change, committed by the amended text; those who have signed up previously,
they are committed to according to the text of the original.
THE NINTH SECTION
Limitation period
§ 52.
(1) the owner of the Postihové claims against indosantům, and given the other
persons šekově bonded lapse in six months from the expiry of the period
to submission.
(2) the Postihové claims of individuals contracted to pay cheque
against other such persons shall become statute-barred within six months from the date when the
the debtor had paid the check, or when the claim judicially enforced against him.
section 53.
Interruption of the limitation period is effective against it, which occurred
establishing an interruption.
THE TENTH SECTION
General provisions
§ 54.
(1) the presentation and protest the cheque can only happen in a working day.
(2) if the last day of the period in which the State has any act
concerning the presentation of the check, in particular, the protest or the findings of the same
the importance of the working day, the time limit shall extend until the next
the day's work. Working days within the period to
count.
section 55.
The statutory time limits does not count the day from which the period beginning to run.
section 56.
Do not allow any days of grace, whether statutory or judicial.
THE ELEVENTH SECTION
Additional provisions
The protest and some other cheque operations
§ 57.
The protest must be made by a court, a notary or local National Committee.
section 58.
In protest the Charter include:
1. name, for whom and against whom the protest is;
2. a statement that the one against which the protest was without result shall be invited to
cheque transactions or that it could not be reached or could not be
find the room where your business operates, not his apartment;
3. the indication of the place and date where and when to call or to bezvýslednému
attempted;
4. a literal copy of the check with all the endorsements and comments;
5. the signature of the protest, the official seal of the authority or official stamp.
section 59.
If the implementation of the check on several persons or several times to
the same person, just the only one instrument of protest.
section 60.
The check can pay into the hands of the protest of the authority. Permission to protest
authority to accept the payment, it cannot be ruled out.
section 61.
(1) the authority is obliged to Protest for reimbursement, without delay, issue a
the owner of the cheque or its designee shall deliver the original of the instrument of protest and on request
whether or not her plain or certified copy.
(2) it is also obliged to protests by their entire content in the day
right time and number to enter a special book, which is a list for the
a sheet bearing the serial numbers; the participants or their legal
the successors for the reimbursement of expenses at any time to issue an extract from this book.
§ 62.
Who makes the protest can protest until the release of the Charter, for which the
the protest is, fix the errors in writing, ellipses, and other defects of the protest
of the Charter. The patch should be marked as a repair and sign.
section 63.
Protests to be held in the period from nine to eighteen hours and outside of this
time, only if it expressly that, against which the protest is;
approval shall be marked in the protest.
section 64.
On the check or the pendant shall be marked, that the protest was carried out. Omission
This record does not affect the validity of the protest.
section 65.
(1) the presentation of the cheque for payment, request a copy of the acquisition of a protest
check, as well as all the other tasks that must be performed for certain
the person needs to be done in rooms where your business operates, and
If he does not, or not to find in her apartment. Elsewhere can be
made only if both parties agree; consent shall be recorded in the
the protest.
(2) if the protest noted that failed to find a room,
where the enterprise operates, or apartment, and it was still possible to discover,
the protest is not therefore ineffective.
(3) the provisions of paragraph 2 shall not affect the liability of the protest of the authority
which examination held appropriate investigations. If the query for the reporting
authority without result, the protest is not the authority required to take place further investigation.
§ 66.
Operations to be carried out in particular on the check that location, can
be made in the place of another, if to do so when the Act of which,
the agreement of its participants. Certified to perform the Act in writing,
shall indicate in the certificate and consent.
Enrichment
section 67.
(1) the issuer of which the obligation has been extinguished by postihový that the check was not timely
submitted, or prescription, remains the owner of the check, only if the
on his injury enriched.
(2) entitlement to the issue of enrichment promlčuje in one year from issuance
the check.
Lost or destroyed cheques and the protest of the Charter
section 68.
(1) Check that is lost or destroyed, you can declare umořený.
(2) the instrument of protest that has been lost or destroyed, it can be
replace the listing of books issued by the protest Committee protests authority (section 61
paragraph. 2).
TWELFTH SECTION
cancelled
section 69.
cancelled
section 70.
cancelled
§ 71.
cancelled
section 72.
cancelled
section 73.
cancelled
§ 74.
cancelled
§ 75.
cancelled
Article. (III)
The provisions of the common
§ 1.
Směnečná and I see eligibility
Směnečně or šekově can bind anyone who is eligible
own acts to bind.
The provisions of the Bill and cheque on some of the speeches
§ 2.
(1) a bill of Exchange or cheque speeches which were made crosses or other
the characters are valid only if they have become in the form of official registration.
(2) the provisions of paragraph 1 shall also apply for the Bill or cheque speeches
of persons blind, deaf, hluchoněmých, that cannot read, and silent,
that cannot write.
§ 3.
(1) a bill of Exchange or cheque are the speeches made by so that someone
sign the name of the person represented. Agent must sign their own
name and connect figure, who signed.
(2) a mandate to sign a bill or cheque must be in writing. In cases of
referred to in section 2 is to the validity of the authorizations needed a notarial or
the Court of registration.
(3) without prejudice to the legal provisions about the signatures for the undertaking, as well as
and about the form of empowerment to those signatures.
§ 4.
Příročí in foreign States
If the Act in a timely manner, which is in a foreign country should be to exercise or to
conservation of the cheque or the rights, legal provisions there released
(article. (I) section 54 and article. II, § 48), government regulation can be established that the
směnečná and cheque law insist still further when the Act
immediately after, when the obstacle is lifted. As well, you can establish that, when
such an obstacle may be to execute the penalty after expiry of the period, notwithstanding the Act
needed.
§ 5.
Interruption of the limitation period
(1) the interruption of the limitation period (article. And § 71 and article. (II) section 53) means all
cases where, under the provisions of the civil code and the code of civil
the order of the limitation period on end or not, or where it begins
the new limitation period.
(2) if the defendant shall notify the third party that the judicial proceedings have been initiated, the
on the limitation of the same effects as an action.
§ 6.
Odúčtovny
The Government shall determine pursuant to article odúčtovny regulation. And § 38 paragraph. 2 and article II, section 31 and
the conditions under which they can submit the Bills and check.
§ 7.
The replacement for the fake checks or false
For damage resulting from false or spoofed from the payment of the cheque, which
not the drawee or his employee, corresponds to the putative issuer of the check
false or spoofed the cheque issuer only guilty if
exposure to a false cheque or falsifying the cheque he or his
the employee, which is used when working with cheques. The agreement, which would derogate
It was more advantageous for the drawee, is invalid.
Transitional and final provisions
§ 8.
(1) shall remain unaffected by the specific provisions on the cheque service State
Bank of Czechoslovakia.
(2) without prejudice to the provisions of section 4 (4) remains. 3 of the Act. No 43/1948
Coll., on agricultural credit.
§ 9.
The provisions of this Act do not apply to bills of Exchange and cheques, which have been
issued before the date when this law takes effect, with the exception of the
the provisions about the protest.
§ 10.
Cancellation provisions
Deleted all of the regulations that govern things, covered
This law, in particular:
1. Act No. 84/1906 line on the check;
2. the Bills No. 1/1928 Sb.;
3. Government Regulation No. 111/1941, establishing and establishes a single
the Bills of law;
4. Government Regulation No. 372/1941, establishing and establishes a single
checking of procedure;
5. the Bills no 255/1941 Sl. z.;
6. checking the law no 256/1941 Sl.
§ 11.
The effectiveness of the law
This law shall enter into force on 1 January 2005. January 1951; It performs the Minister
Justice, in agreement with the participating members of the Government.
Gottwald in the r.
Dr. John v. r.
Zápotocký in r.
Dr Rais in r.
1) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended.
