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Scheckgesetz

Original Language Title: Scheckgesetz

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Scheckgesetz

Unofficial table of contents

ScheckG

Date of completion: 14.08.1933

Full quote:

" Cheque law in the revised version published in the Federal Law Gazette III, section 4132-1, as last amended by Article 154 of the Law of 19 April 2006 (BGBl. I p. 866).

Status: Last amended by Art. 154 G v. 19.4.2006 I 866

For more details, please refer to the menu under Notes

Footnote

(+ + + text-proof application ab:1.1.1964 + + +) 

Because of the entry into force, see V v. 28.11.1933 4132-2-1 Unofficial table of contents

Input formula

The government of the Reich has to implement the agreements for the unification of the "Scheckrechts" ("Reichsgesetzbl"). 537), the following law, which is hereby proclaimed, is hereby declared:

First section
Exhibition and form of cheque

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Species 1

The cheque contains:
1.
the designation as cheque in the text of the document, in the language in which it is issued;
2.
the unconditional instruction to pay a certain sum of money;
3.
the name of the person who is to pay (related);
4.
the indication of the place of payment;
5.
the indication of the day and place of the exhibition;
6.
the signature of the exhibitor.
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Type 2

(1) A document in which one of the elements referred to in the preceding Article is missing shall not be deemed to be a cheque, subject to the cases referred to in the following paragraphs. (2) The name of the confisable person shall be subject to the absence of a specific indication the place specified as the place of payment. Where a number of places are given in the name of the confisable person, the cheque shall be payable at the place indicated in the first place. (3) If such a place is not specified and any other indication, the cheque shall be payable in the place where the person in question is his principal place of business. (4) A cheque without indication of the place of exhibition shall be deemed to have been issued in the place indicated by the name of the issuer. Unofficial table of contents

Art 3

The cheque may only be drawn to a banker where the issuer has a credit, and in accordance with an express or implied agreement that the issuer has the right to use cheques to dispose of that credit. However, the validity of the certificate as a cheque shall not be affected by the non-compliance of these provisions. Unofficial table of contents

Species 4

The cheque cannot be accepted. An acceptance note placed on the cheque shall be deemed not to be written. Unofficial table of contents

Species 5

(1) The cheque can be made payable:
to a particular person, with or without the express endorsement "an order"; to a particular person, with the words "not to be ordered" or with an equivalent endorsement; to the holder.
(2) Where a specific person is referred to in the cheque with the words "or bearer" or with an equivalent endorsement as a payee, the cheque shall be deemed to have been placed on the holder. (3) A cheque without indication of the holder shall be deemed to be payable the holder. Unofficial table of contents

Species 6

(1) The cheque may be attached to the exhibitor's own order. (2) The cheque may be drawn for the account of a third party. (3) The cheque cannot be drawn to the exhibitor itself, unless it is a cheque, which is a branch is moved to another branch of the exhibitor. Unofficial table of contents

Species 7

An interest rate note recorded in the cheque shall be deemed not to be written. Unofficial table of contents

Art 8

The cheque may be paid to a third party, at the place where the person is resident or in another place, provided that the third party is a banker. Unofficial table of contents

Art 9

(1) If the cheque sum is given in letters and in numbers, the sum specified in letters shall apply in the case of deviations. (2) If the checksum is specified more than once in letters or several times in digits, the least amount shall apply in the case of deviations. Unofficial table of contents

Species 10

A cheque shall bear signatures of persons who cannot enter into a cheque-binding nature, forged signatures, signatures of compacted persons or signatures, for any other reason for the persons who are signed If it has been signed or has been signed with the name, no liability is justified, this has no effect on the validity of the remaining signatures. Unofficial table of contents

Art 11

Anyone who sets his signature as a representative of another person without being authorized to do so shall be liable even in the form of a cheque and, if he redeemes the cheque, shall have the same rights as those allegedly represented. The same shall apply from a representative who has exceeded his powers of representation. Unofficial table of contents

Species 12

The exhibitor shall be liable for the payment of the cheque. Any endorsement by which it excludes this liability shall be deemed not to have been written. Unofficial table of contents

Art 13

If a cheque which was incomplete at the time of the forgiveness has been filled in against the agreements reached, failure to comply with those agreements shall not be contrary to the proprietor, unless he or she is in a position to do so in the form of a cheque. Believe it has acquired or is subject to gross negligence on the part of the acquisition.

Second section
Transfer

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Species 14

(1) The cheque paid to a particular person, with or without the express mention of "an order", may be transferred by Indossament. (2) The cheque paid to a particular person with the words "not an order" or with the words "not to be ordered" or (3) The Indossament may also be denominated in the issuer or any other convoy. (3) The Indosament may also be denominated in the issuer or any other convoy. These people can continue to indosze the cheque. Unofficial table of contents

Species 15

(1) The Indossament must be absolutely essential. The conditions for which it is made conditional are deemed not to be written. (2) A part of a dossment is void. (3) There is also an indossment of the person's desire. (4) Indossament to the holder is considered to be a venerable blank. (5) The Indossament to the withdrawn shall be deemed to be a receipt only, unless the person has several branches and the Indossament is in a different place of establishment than the one on which the cheque has been drawn. Unofficial table of contents

Species 16

(1) The Indossament must be placed on the cheque or a sheet attached to the cheque (appendix). It must be signed by the Indossant. (2) The Indossatar does not need to call the Indossatar and can exist even in the mere signature of the Indossant (Blankoindossament). In this latter case, the Indossament, in order to be valid, must be placed on the back of the cheque or on the appendix. Unofficial table of contents

Art 17

(1) The Indossament transfers all the rights from the cheque. (2) If it is a blank dosament, the holder may
1.
Fill in the Indossament with its name or with the name of another;
2.
continue to indoze the cheque by a blank or a certain person;
3.
passed the cheque without filling in the blank and without indosing it.
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Species 18

(1) The Indossant shall be liable for the payment of the payment. (2) He may prohibit the cheque from being further indosed; in this case, he shall not be liable to those to whom the cheque will continue to be indosed. Unofficial table of contents

Art 19

Anyone who has a cheque transferable by Indossament shall be deemed to be a legitimate holder, provided that he proves his right through an uninterrupted series of indossaments, even if the last is a blank-indosament. Unwritten indossaments are considered not to be written here. If another Indossament follows a Blankoindossament, it is assumed that the exhibitor of this Indossament has acquired the cheque by the Blankoindossament. Unofficial table of contents

Art 20

An indossment on a bearer cheque makes the indossant liable according to the rules on the recourse without, however, converting the document into an order cheque. Unofficial table of contents

Art 21

If the cheque has somehow been lost to an earlier holder, the holder in whose hands the cheque has arrived-be it that it is a bearer cheque, be it that it is a cheque which can be transmitted by Indossament and the holder is entitled to prove his right in accordance with Article 19, only if he has acquired the cheque for the purpose of issuing the cheque, or if he or she has acquired a gross negligence on the part of him or her in the course of his acquisition. Unofficial table of contents

Species 22

Any person who is claimed from the cheque shall not be able to oppose the proprietor who is based on his direct relationship with the exhibitor or to a previous holder, unless the holder is responsible for the acquisition of the cheque. has consciously acted to the detriment of the debtor. Unofficial table of contents

Art 23

(1) If the Indossament contains the words "Value for confiscation", "to the collection", "in prokura" or another endorsement only, the holder may assert all the rights from the cheque; but he can only use it by means of a (2) In this case, the Scheckobligten may only oppose the proprietor who is entitled to them against the Indossant. (3) The power of atonement contained in the General Indotal of the Indossment shall not be granted neither with death nor with the occurrence of the inability to act of the full-power provider . Unofficial table of contents

Species 24

(1) An Indossament, which is placed on the cheque after the protesting or after the adoption of an equal determination or after the expiry of the period of limitation, has only the effects of an ordinary assignment. (2) To the proof of the The contrary shall be presumed to have been put on the cheque by an undated indossment prior to the protesting of the protesting or before the adoption of an equally important finding or before the expiry of the period of the present disclosure.

Third Section
Cheque

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Species 25

(1) The payment of the cheque sum can be secured in whole or in part by cheque guarantee. (2) This security can be made by a third party, with the exception of the insured person, or also by a person whose signature is already on the Check. Unofficial table of contents

Species 26

(1) The declaration of guarantee shall be placed on the cheque or on an appendix. (2) It shall be expressed by the words "as a guarantor" or an equivalent endorsement; it shall be signed by the cheque. (3) The mere signature shall be signed on the The front of the cheque shall be deemed to be a declaration of guaranty, unless it is the issuer's signature. (4) The declaration shall indicate to whom the guarantee shall be made; in the absence of such an indication, it shall apply to the issuer. Unofficial table of contents

Species 27

(1) The Scheckbürge shall be liable in the same manner as that for which he has vouch for himself. (2) His declaration of commitment shall also be valid if the liability for which he has vouchedged for a different reason than because of a form error (3) The cheque which pays the cheque acquires the rights from the cheque against the person for whom he has vouch for himself, and against all those who are liable to the cheque.

Fourth Section
Presentation and payment

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Species 28

(1) The cheque is payable in the case of sight. Any statement to the contrary is deemed not to be written. (2) A cheque which will be submitted for payment prior to the date of the exhibition will be payable on the day of the presentation. Unofficial table of contents

Species 29

(1) A cheque payable in the country of the exhibition must be submitted within eight days for payment. (2) A cheque payable in a country other than that of the exhibition must be submitted within 20 days if the place of exhibition is to be presented. and place of payment in the same part of the world, and within seventy days, when the place of issue and place of payment are located in different parts of the world. (3) In this case, those issued in a country of Europe and in one of the Mediterranean countries shall be considered to be located in a country of the Mediterranean border-country cheques, as well as those in a country bordering the Mediterranean Cheques issued and payable in a country of Europe as cheques issued and payable in the same part of the world. (4) The dates mentioned above shall begin to run on the day indicated in the cheque as the date of the exhibition. Unofficial table of contents

Art 30

If a check is drawn to a place whose calendar differs from that of the exhibition site, the day of the exhibition shall be converted into the day corresponding to the calendar of the place of payment. Unofficial table of contents

Art 31

(1) The delivery to an accounting office shall be equal to the consideration for payment. (2) The Federal Ministry of Justice shall determine which institutions shall be regarded as accounting offices and under which conditions the delivery shall take place. can. Unofficial table of contents

Species 32

(1) A revocation of the cheque shall be effective only after the expiry of the period of advance notice. (2) If the cheque is not revoked, the person may also make payment after the expiry of the period of advance notice. Unofficial table of contents

Type 33

The effectiveness of the cheque is without any influence, if the exhibitor dies after the order of the cheque or becomes incapable of action. Unofficial table of contents

Species 34

(1) The holder may require the holder to pay the acknowledged cheque for payment. (2) The holder may not reject a partial payment. (3) In the case of partial payment, the person may request that he be recorded on the cheque and he/she shall be entitled to the payment of the credit. a receipt is granted. Unofficial table of contents

Art 35

The person who dissolves a cheque which can be transferred by Indossament is obliged to examine the regularity of the series of indossaments, but not the signatures of the indossant. Unofficial table of contents

Art 36

(1) if the cheque is denominated in a currency which does not apply at the place of payment, the cheque sum in the national currency may be paid in accordance with the value it has on the day of the presentation. If the payment has not been made at the time of presentation, the holder can choose whether to convert the cheque sum into the national currency after the course of the presentation day or after the course of the payment day. (2) The value of the foreign currency shall be determined is based on the trading customs of the place of payment. The exhibitor may, however, determine a conversion rate in the cheque for the sum to be paid. (3) The provisions of the first two paragraphs shall not apply if the issuer has prescribed the payment in a given currency. (4) The cheque is denominated in a form of money which, in the country of the exhibition, has the same name but has a value other than that in which the payment is made, it shall be presumed that the place of payment of the place of payment is meant.

Fifth Section
Crossed cheque and cheque

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Art 37

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Art 38

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Art 38a

Crossed cheques issued abroad are treated as cheque cheques domestily. Unofficial table of contents

Art 39

(1) The exhibitor and any owner of a cheque may, by means of the endorsement "only for the purpose of offsetting", or by an equivalent endorsement, prohibit the cheque from being paid in cash. (2) The drawn-in shall be allowed in this Trap the cheque only by way of credit (credit transfer, transfer, settlement). The credit note shall be deemed to be paid. (3) The deletion of the endorsement "only for settlement" shall be deemed not to have been effected. (4) The offtake which is contrary to the above provisions shall be liable for the damage incurred, but only up to the amount of the checksum.

Sixth Section
Backhandle due to lack of payment

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Species 40

The proprietor may take recourse against the indossant, the issuer and the other cheques if the cheque submitted in good time has not been redeemed and the refusal of payment has been established:
1.
through a public document (protest) or
2.
by means of a written declaration of the reference on the cheque indicating the date of the presentation, or
3.
by a dated statement of an accounting office, that the cheque has been delivered in good time and has not been paid.
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Art 41

(1) The protest or the ascertainment of the same significance must be carried out before the expiry of the period of presentation. (2) If the presentation is carried out on the last day of the period, the protest or the equally important finding may also be carried out at the following Workday. Unofficial table of contents

Species 42

(1) The proprietor must notify his immediate foreman and the issuer of the absence of the payment within the four working days on the day of the protest or the taking of the same determination or, in the case of the Note: "without cost", follow the day of the presentation. Each Indossant must, within two working days after receiving the message, inform his immediate foreman of the message he has received and inform him of the names and addresses of those who have previously given notice, and so forth. continue in the order to the exhibitor. The time-limits shall run from the receipt of the preceding message. (2) If, in accordance with the preceding paragraph, a person whose signature is on the cheque is given notice, the same message shall be sent within the same period of time. (3) If an Indossant has not specified his address or in an illegible form, it is sufficient for his immediate suburb to be notified. (4) The message can be given in any form, even by the mere fact that the Indossant has a Return of the cheque. (5) The notification of the notice has to prove that he is in the the prescribed time limit. The deadline is deemed to be complied with if a letter containing the notification has been sent to the post within the time limit. (6) Anyone who fails to notify in good time does not lose the recourse; he is liable for the, for example, his Damage caused by negligence, but only up to the amount of the checksum. Unofficial table of contents

Art 43

(1) The issuer, as well as any Indossant or Scheckbürge, may exempt the holder from the obligation, for the purpose of the (2) The endorsement does not exempt the holder from the obligation to submit the cheque in good time and to give the necessary messages. The proof that the time limit has not been complied with is the same as that which the holder refers to. (3) If the endorsement is accompanied by the exhibitor, he shall have an effect on all the cheques; if he is an indossant, or is attached to a cheque, it only affects the same. If the proprietor leaves a protest or makes a statement of equal importance, irrespective of the endorsement attached by the exhibitor, he shall bear the costs. If the endorsement is accompanied by an indossant or a cheque, all the cheques shall be obliged to pay for the costs of a protest which has nevertheless been raised or a declaration of equal importance. Unofficial table of contents

Species 44

(1) All Scheckobligten shall be liable to the holder as a full debtor. (2) The holder may take any one or more or all of them together without being bound by the order in which they have committed themselves. (3) The same right (4) By asserting the claim against a cheque, the proprietor does not lose his rights against the other cheques, including those against the persons who are remembers. of the person who was first taken up. Unofficial table of contents

Art 45

The holder may require the use of the following:
1.
the cheque sum, to the extent that the cheque has not been redeemed;
2.
Interest rates at six of the hundreds since the day of the presentation. In the case of a cheque which is both issued and payable domesticated, the interest rate shall be two of the hundred above the respective basic interest rate in accordance with Article 247 of the Civil Code, but at least six of the hundred;
3.
the cost of the protest or of the equally important finding and of the news, and the other expenses;
4.
a remuneration which, in the absence of a special agreement, amounts to one third of the hundred of the principal sum of the cheque and shall in no way exceed this rate.
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Species 46

Those who have redeemed the cheque can demand from their foremen:
1.
the full amount which he has paid;
2.
the interest of this amount to six of the hundred since the day of redemption. In the case of a cheque which is both issued and payable domesticated, the interest rate shall be two of the hundred above the respective basic interest rate in accordance with Article 247 of the Civil Code, but at least six of the hundred;
3.
its outlays;
4.
a remuneration calculated in accordance with the provisions of Article 45 (4).
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Art 47

(1) Any insured person who is liable to be or may be taken against the recourse shall be entitled to demand that he be subject to the protesting or the equally important finding and a receipt against payment of the sum of the cheque to the cheque. (2) Each Indossant who has redeemed the cheque can wipe out his Indossament and the Indossamente of his covenants. Unofficial table of contents

Species 48

(1) Is there an insurmountable obstacle to the timely presentation of the cheque or the timely collection of the protest or the taking of an equally important finding (a state's legal requirement or another case) (2) The proprietor shall be obliged to inform his immediate foreman of the case of the force majeure immediately and to notify the person of the case of the force majeure. Day and place as well as his signature on the cheque or an appendix to the (3) If the force majeure falls away, the holder must submit the cheque immediately for payment and, where appropriate, make a protest or make a statement of equal importance. (4) The force majeure shall be withdrawn for more than fifteen days from the date on which the holder, even before the expiry of the period of limitation, has notified his foreman of the case of force majeure, recourse may be made without the latter to: (5) Preliminary or Protester survey or an equally important finding. (5) Facts which relate purely personally to the proprietor or to the person whom he has entrusted with the filing of the cheque or with the collection of the protest or with the establishment of a declaration of equal importance shall not be considered to be cases of higher Violence.

Seventh Section
Production of several pieces of a cheque

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Art 49

Cheques not placed on the holder and payable in a country other than that of the exhibition or in an overseas territory of the country of the exhibition, and vice versa, or issued in the overseas territory of a country; and is payable in the overseas territory of one country and payable in another overseas territory of the same country, may be issued in several similar copies. Such copies shall be accompanied by serial numbers in the text of the document; otherwise, any copy shall be deemed to be a special cheque. Unofficial table of contents

Species 50

(1) If a copy is paid, the rights of all copies shall expire, even if they do not bear the words that the other shall lose their validity as a result of the payment to a copy. (2) If an Indossant has the goods to be made available, the different persons, so he and his after-men from all the copies, who bear their signature and have not been issued.

Eighth section
Changes

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Art 51

If the text of a cheque is changed, those who have signed their signature after the change shall be liable in accordance with the amended text; those who signed earlier shall be liable in accordance with the original text.

Ninth Section
Statute of limitations

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Species 52

(1) The rights of recourse of the proprietor against the indossants, the exhibitor and the other cheques shall expire in six months from the expiry of the period of the present application. (2) The right of recourse of a pledge against another In six months from the day on which the cheque has been redeemed by the pledge or has been brought to court for the purpose of judicial proceedings, the cheque shall be subject to the right of the person to whom the cheque is made. Unofficial table of contents

Art 53

The new beginning of the statute of limitations and their inhibition in accordance with Section 204 of the Civil Code only act against the cheque, in view of which the fact has occurred which causes the new beginning or the inhibition.

Tenth section
General provisions

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Species 54

As a banker in the sense of this law are to be considered:
1.
the institutions of public law, those under the supervision of the State and those cooperatives registered in the register of cooperatives who are in accordance with the rules governing their business operations; on the assumption of money and the performance of payments for foreign invoices, and the savings banks under official supervision, if they comply with the prudential rules applicable to them under national law;
2.
the companies registered in the Commercial Register, which operate bankers on a commercial basis.
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Species 55

(1) The presentation and the protest of a cheque may take place only on a working day, but not on a Saturday. (2) The last day shall be the last day of a period within which an act relating to the cheque, in particular the presentation, shall be: If a protest or a declaration of equal importance has to be made, on a public holiday or on a Saturday, the time limit shall be extended until the next working day. Holidays which fall within the course of a period shall be counted in the calculation of the period. (3) Otherwise, the provisions of Articles 79 to 87 of the Exchange Act shall apply to the consideration of the cheque and to the protest. Unofficial table of contents

Species 56

In calculating the time limits laid down in this Act, the day on which they begin to run shall not be counted. Unofficial table of contents

Type 57

Neither legal nor judicial disrespect days are recognized.

Eleventh Section
Supplementary provisions

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Type 58

(1) The exhibitor whose liability for recourse is obtained by omission of timely consideration or limitation shall remain committed to the owner of the cheque as far as he would enrich himself with his damage. (2) The claim shall be barred in a year since the cheque was issued. Unofficial table of contents

Art 59

(1) A cheque which has been lost or destroyed may be declared powerless by means of the bid procedure. The deadline must be at least two months. After the opening of the bid procedure, the person entitled, if the cheque was submitted in time for payment but not redeemed by the holder, may request payment from the exhibitor if he or she is safe until the declaration of force. (2) A certificate of protest which has been lost or destroyed may be replaced by a certificate of protest, which shall be issued by the body which departs the certified copy of the document. The certificate must indicate the content of the protest and the endorsement referred to in Article 55 (3) in conjunction with Article 85 (2) of the Exchange Act.

Twelfth section
Scope of laws

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Species 60

(1) The ability of a person to enter into a cheque binding shall be determined in accordance with the law of the country to which it belongs. If this right declares the right of another country to be decisive, the latter shall apply the law. (2) Any person who cannot enter into a cheque binding in accordance with the law referred to in the preceding paragraph shall be subject to the obligation to: the signature has been signed in the territory of a country under whose law it would be capable of being cheque. This provision shall not apply if the liability has been taken over by an incountry abroad. Unofficial table of contents

Art 61

(1) The right of the country in which the cheque is payable shall determine the persons to whom a cheque may be drawn. (2) If, in accordance with this right, the cheque is void in respect of the person of the confisable person, the obligations shall nevertheless be: The documents shall be valid in countries which have been placed on the cheque and whose law does not provide for such invalidity for such a reason. Unofficial table of contents

Species 62

(1) The form of a cheque declaration shall be determined in accordance with the law of the country in whose territory the declaration has been signed. However, it is sufficient to observe the form which prescries the law of the place of payment. (2) If a declaration of cheques, which is invalid in accordance with the provisions of the preceding paragraph, corresponds to the law of the country in whose territory a later In the form of the first declaration of cheques, defects in the form of the first declaration of cheques shall not affect the validity of the subsequent declaration of cheques. (3) A declaration of cheques issued by an incountry abroad shall be submitted to the national authorities. applicable to other residents if the declaration meets the formal requirements of domestic law is sufficient. Unofficial table of contents

Art 63

The effects of the statement of cheques shall be determined in accordance with the law of the country in whose territory the declarations have been signed. Unofficial table of contents

Type 64

The time limits for the exercise of the right of recourse shall be determined for all cheques by the law of the place where the cheque has been issued. Unofficial table of contents

Species 65

The law of the country in whose territory the cheque is payable shall be determined:
1.
whether the cheque is necessarily payable in sight or whether it can be drawn for a certain period of time and which are the effects if a later than the actual date of the show has been indicated on the cheque;
2.
the set-aside period;
3.
whether a cheque can be accepted, certified, confirmed or provided with a visa and which are the effects of these endorsements;
4.
whether the holder can demand a partial payment and whether he has to accept such a payment;
5.
whether a cheque can be crossed or marked "only for settlement" or a note of the same name, and which are the effects of the crossing or settlement note or of an equal number of endorsements;
6.
whether the holder has special rights to cover and which the content of these rights is;
7.
whether the exhibitor can revoke the cheque or object to the redemption of the cheque;
8.
the measures to be taken in the event of the loss or theft of the cheque;
9.
whether a protest or an equally important finding is necessary in order to conserve the use of the indossant, the exhibitor and the other consignors.
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Art 66

The form of the protest and the time limits for the protest, as well as the form of the other acts necessary for the exercise or maintenance of the right of cheque, shall be determined in accordance with the law of the country in whose territory the protest is to be raised. or the action is to be done.