The cheque contains:

1.

The name of the cheque, inserted in the text of the title and expressed in the language used for the drafting of the title;

2.

The simple and simple mandate to pay a specified amount,

3.

The name of the person to pay (taken),

4.

The indication of the place where payment is to be made,

5.

The indication of the date and place where the cheque is created;

6.

The signature of the person issuing the cheque (shooter).

The title in which one of the particulars indicated in the preceding Article is missing shall not be the same as a cheque, except in the cases determined by the following paragraphs.

In the absence of a special indication, the place designated next to the name of the drawn shall be deemed to be the place of payment. If more than one location is indicated beside the name of the shot, the cheque is payable to the first place indicated.

In the absence of such indications or any other indication, the cheque shall be payable to the place where the draw has its principal place of business.

The cheque without an indication of its place of creation is considered to be subscribed to the designated place next to the name of the shooter.

The cheque is drawn on a banker with funds available to the shooter and in accordance with an agreement, express or implied, that the shooter has the right to dispose of these funds by cheque. However, in the event of failure to comply with these requirements, the validity of the title as a check shall not be reached ¹ .

The check cannot be accepted. An acceptance statement on the cheque is deemed to be unwritten.

The cheque may be payable as follows:

To a person named, with or without an express "in order" clause;

To a person named, with the "no to order" clause or an equivalent clause;

Bearer.

The cheque for the benefit of a named person, with the words "or bearer", or an equivalent term, is worth the cheque to the bearer.

The cheque without the beneficiary's indication is worth a cheque to the bearer.

The cheque may be payable to the shooter himself.

The cheque may be drawn on behalf of a third party.

The cheque cannot be drawn on the shooter himself ¹ , except in the case of a cheque drawn between different establishments of the same shooter.

Any stipulation of interest inserted in the cheque is deemed to be unwritten.

The cheque may be payable in the home of a third party, either in the locality where the person is domiciled or in another locality, provided that the third party is a banker.

The cheque, the amount of which is written in both letters and figures, is worth, in case of difference, for the sum written in all letters.

The cheque, the amount of which is written several times, either in all letters or in figures, is worth, in the case of a difference, only for the lesser sum.

If the cheque bears signatures of persons unable to compel by cheque, false signatures or signatures of imaginary persons, or signatures which, for any other reason, cannot oblige the persons who signed the Cheque, or on behalf of which it was signed, the obligations of the other signatories are no less valid.

Every person who signs on a cheque, as a representative of a person for whom he has no power to act, is obliged by the cheque himself and, if he has paid, has the same rights as the alleged represented. The same is true of the representative who has exceeded his powers.

The shooter is the guarantor of payment. Any clause by which the shooter is exempt from this warranty is deemed to be unwritten.

If an incomplete cheque on the issue has been completed contrary to the agreements, the non-compliance with those agreements cannot be opposed to the bearer, unless he has acquired the bad faith check or, by acquiring it, he has not committed any Heavy fault.

The certified cheque payable for the benefit of a person named with or without an "in order" clause is transmissible by way of endorsement.

The stipulated cheque payable to a person named with the "no to order" clause or an equivalent clause shall be transferable only in the form and with the effects of an ordinary assignment.

Endorsement may be done for the benefit of the shooter or any other person. These people can endorse the cheque again.

The endorsement must be pure and simple. Any condition to which it is subordinate shall be deemed to be unwritten.

The partial endorsement is null.

There is also no endorsement of the shooting.

The bearer's endorsement is considered to be a blank endorsement.

The endorsement of the draw is valid only as a discharge, except in the case where the shooting has several establishments and where the endorsement is made for the benefit of an institution other than the one on which the cheque was drawn.

The endorsement must be written on the cheque or on a sheet attached to it (lengthens). It must be signed by the endorser.

Endorsement may not designate the beneficiary or simply consist of the signature of the endorser (endorsement in white). In the latter case, the endorsement, to be valid, must be recorded on the back of the cheque or on the extension.

Endorsement transmits all rights resulting from the cheque.

If the endorsement is in white, the bearer may:

1 °

Fill out the blank, either the name or the name of another person;

2 °

Endorse the cheque in blank or in another person;

3 °

Give the cheque to a third party without filling the blank and without endorsting it.

The endorser is, unless otherwise specified, guarantor of payment.

It may prohibit a new endorsement-in this case it is not bound by the guarantee to the persons to whom the cheque is subsequently endorsed.

The holder of an endossable cheque shall be considered to be a legitimate holder if he justifies his right through an uninterrupted sequence of endorsements, even if the last endorsement is in white. Biased endorsements are, in this respect, deemed unwritten. When an endorsement in white is followed by another endorsement, the person signing it is deemed to have acquired the cheque by the endorsement in white.

An endorsement on a bearer's cheque makes the endorser responsible under the terms of the appeal-it does not convert the title into a cheque in order.

When a person has been dispossessed of a cheque by any event, the bearer in the hands of whom the cheque has been received-be it a bearer's cheque, whether it is an endorsement for which the bearer Justifies its right in the manner indicated in Article 19-is only obliged to divest itself of the cheque if it has acquired it in bad faith or if, by acquiring it, it has committed a gross negligence.

Persons operated under the cheque may not object to the bearer the exceptions based on their personal relationship with the shooter or with the previous carrier, unless the bearer, by acquiring the cheque, acted knowingly on the The debtor's detriment.

Where the endorsement contains the words "value for recovery", "for cashing", "by proxy" or any other reference involving a simple warrant, the bearer may exercise all rights arising from the cheque, but he cannot endorse it As a proxy.

The obligors may, in this case, invoke against the bearer only those exceptions which would be enforceable against the endorser.

The term of office in a power of attorney shall not end with the death of the principal or the occurrence of his or her incapacity.

Endorsement after the protection or an equivalent finding, or after the expiration of the filing period, produces only the effects of an ordinary assignment.

Unless there is evidence to the contrary, the undated endorsement shall be presumed to have been made prior to the equivalent protection or findings or before the expiration of the period referred to in the preceding paragraph.

Payment of a cheque can be guaranteed for all or part of its amount by a downstream.

This guarantee is provided by a third party, except the shot, or even by a signatory of the cheque.

The approval is given on the check or on an extension.

It is expressed in the words "good for downstream" or any other equivalent formula; it is signed by the downstream donor.

It is considered to be the result of the only signature of the downstream donor, affixed to the front of the cheque, except when it is the signature of the shooter.

Downstream must indicate for whom it is given. In the absence of this indication, he is deemed given to the shooter.

The downstream donor shall be held in the same manner as the guarantor.

His undertaking is valid, even though the obligation he has guaranteed would be void for any cause other than a defect.

When paying the cheque, the downstream donor acquires the rights resulting from the check against the guarantee and against those who are required to do so under the cheque.

The cheque is payable in sight. Any indication to the contrary is deemed not to be written.

The cheque submitted for payment before the day specified as the date of issue is payable on the day of the submission.

The cheque issued and payable in the same country must be submitted to the payment within the eight-day period.

The cheque issued in a country other than the one in which it is payable shall be submitted within a period of twenty days, or seventy days, depending on whether the place of issue and the place of payment are located in the same or another part The world.

In this respect, cheques issued in a country of Europe and payable in a Mediterranean country of the Mediterranean or Vice versa Are considered to be issued and payable in the same part of the world.

The starting point for the above deadlines is the day on the cheque as the date of issue.

When a cheque is drawn between two places with different calendars, the day of the issue will be reduced to the corresponding day of the place of payment.

The presentation to a clearing house is equivalent to the presentation to the payment. ¹

Revocation of the cheque has no effect until the deadline for submission has expired.

If there is no revocation, the drawn may pay even after the expiration of the time limit. ¹

Neither the death of the shooter nor his post-issue disability affects the effects of the cheque.

The shooting may require, by paying the cheque, that he be returned to him by the bearer.

The bearer cannot refuse a partial payment.

In the case of partial payment, the draw may require that the payment be made on the cheque and that a discharge be given to it.

The shooting who pays an endossable cheque is obliged to check the regularity of the rest of the endorsements but not the signature of the endosensors.

Where a cheque is payable in a currency that is not paid in lieu of payment, the amount may be paid, within the time limit for the presentation of the cheque, in the currency of the country after its value on the day of payment. If the payment has not been made at the presentation, the holder may, at his option, request that the amount of the cheque be paid in the currency of the country after the course, either on the day of the presentation or on the day of payment.

The uses of the place of payment are used to determine the value of the foreign currency. However, the shooter may stipulate that the amount to be paid will be calculated on a course determined in the cheque.

The above rules do not apply in the event that the shooter has stipulated that the payment must be made in. A specified currency (effective payment clause in a foreign currency).

If the amount of the cheque is indicated in a currency having the same denomination, but a different value, in the country of issue and in the country of payment, it is presumed to have referred to the currency of the place of payment.

The shooter or the holder of a cheque may beard it with the effects indicated in the following article.

The bounding is done by means of two parallel bars on the front. It can be general or special.

The barrement is general if there is no designation or "banker" or equivalent term between the two bars; it is special if the name of a banker is entered between the two bars.

The general barrement can be turned into a special barbeard, but the special barrement cannot be turned into a general barbeard.

The skewing of the barrement or the name of the designated banker is deemed not to have occurred.

A general cheque may be paid by the employee only to a banker or to a customer of the shooting.

A special wire cheque may only be paid to the designated banker or, if the banker is drawn, to his or her client. However, the designated banker may use a cash payment to another banker.

A banker can only acquire a blocked cheque from one of his clients or another banker. He or she cannot cash it on behalf of other persons.

A cheque with a number of special clings may be paid by the drawing only in the case of two barks, one of which is for encashment by a clearing house.

The person who fails to comply with the above provisions shall be liable for the damage up to the amount of the cheque.

The shooter, as well as the holder of a cheque, may argue that he or she is paid in cash by inserting on the front the transverse label "to be taken into account" or an equivalent expression.

In this case, the cheque may only give rise to a written settlement (credit account, transfer or set-off). The written regulation is a payment.

The skilling of the statement "to be taken into account" shall be deemed not to have been made.

The person who does not comply with the above provisions shall be liable for the damage up to the amount of the cheque. ¹

The holder may exercise his or her recourse against the endosensors, the shooter and the other obligors, if the cheque, submitted in due time, is not paid and if the refusal of payment is found:

1 °

Either by an authentic act (protet);

2 °

Either by a statement of the drawn, dated and written on the cheque with the indication of the day of the presentation;

3 °

Either by a declaration of a clearing house stating that the cheque has been remitted in good time and that it has not been paid.

The equivalent protection or finding must be made before the expiry of the filing deadline.

If the submission takes place on the last day of the deadline, the equivalent amount or finding may be established on the first next business day.

The bearer shall give notice of the failure to pay to his or her endorser and to the shooter within four working days after the day of the protection or equivalent finding, and, in the case of a return-free clause, on the day of the presentation. Each endorser shall, within two working days after the day on which he receives the notice, make known to his endorser the notice he received, indicating the names and addresses of those who gave the previous advice, and so on, and so on Going back to the shooter. The above mentioned time limits are at the reception of the previous opinion.

Where, in accordance with the preceding paragraph, a notice is given to a signatory of the cheque, the same notice shall be given within the same time limit to its notice.

In the event that an endorser has not indicated his or her address or indicated it in an illegible manner, it is sufficient that the notice be given to the endorser before it.

The person who has a notice to give may do so in some form, even by a simple reference to the cheque.

He must prove that he gave the notice within the prescribed time limit. This period shall be considered as observed if a letter-letter giving the opinion has been mailed within that period.

The person who does not give the notice within the period mentioned above shall not be liable to forfeiture; he shall be liable, where appropriate, for the damage caused by his negligence, without the damages being able to exceed the amount of the cheque.

The shooter, endorser or endorser may, by means of the "return without charge" clause, "without protection", or any other equivalent clause, written on the title and signed, provide the holder, in order to exercise his or her remedies, to have a guard established Equivalent finding.

This clause does not provide for the bearer of the presentation of the cheque within the prescribed time limit or the notices to be given. Proof of failure to comply with the time limit shall be the responsibility of the person against the bearer.

If the clause is entered by the shooter, it will effect its effects on all the signatories; if it is entered by an endorser or an avalizer, it will only produce its effects in respect of that person. If, in spite of the clause entered by the shooter, the holder establishes the equivalent protection or finding, the costs shall be borne by the holder. Where the clause emanates from an endorser or an avalizer, the cost of the equivalent protection or finding, if an act of that nature is drawn up, may be recovered against all the signatories.

All persons required under a cheque are held jointly and severally with the bearer.

The bearer has the right to act against all these persons, individually or collectively, without being compelled to observe the order in which they have been obliged.

The same right belongs to any signatory of a cheque that has reimbursed the cheque.

The action brought against one person does not prevent action against the others, even after the one who was first prosecuted.

The holder may claim against the person against whom he exercises his appeal:

1 °

The amount of the unpaid cheque;

2 °

Interest at the rate of six per cent from the day of the submission;

3 °

The costs of the equivalent protection or finding, those of the notices given, and the other costs. ¹

Anyone who has repaid the cheque can claim to its guarantors:

1 °

The full amount he paid;

2 °

The interest of the said sum, calculated at the rate of six per cent, from the day on which it disbursed it;

3 °

The costs he has made. ¹

Any person against whom an appeal is brought or who is exposed to an appeal may require, against reimbursement, the surrender of the cheque with the equivalent protection or finding and an account paid.

Any endorser who has repaid the cheque may delete his or her endorsement and subsequent endosperks.

When the presentation of the cheque, the making of the protection or the equivalent finding within the prescribed time limit is prevented by an insurmountable obstacle (legal requirement of any State or other case of force majeure), these time limits shall be Extended.

The holder is required to give, without delay, notice of the case of force majeure to his endorser and to mention this opinion, dated and signed by him, on the check or on an extension -, for the remainder, the provisions of Article 42 shall apply.

After the force majeure ceases, the bearer shall, without delay, present the cheque for payment and, where applicable, establish the protection or equivalent finding.

If the force majeure persists beyond 15 days from the date on which the holder has, even before the expiry of the period of presentation, given notice of force majeure to his endorser, the remedies may be exercised, without the Presentation or equivalent protection or finding is required.

It shall not be regarded as constituting cases of force majeure the purely personal facts of the bearer or that which he has entrusted with the presentation of the cheque or the establishment of the protection or an equivalent finding. ¹

Except for bearer cheques, cheques issued in one country and payable in another country or in an overseas part of the same country and vice versa, or issued and payable in the same or various overseas parts of the same country, may be Drawn in several identical copies. When a cheque is made in several copies, these copies must be numbered in the text of the title, otherwise each of them is considered to be a separate cheque.

The payment made on one of the copies is free of charge, even though it is not stipulated that this payment cancels the effect of the other copies.

The endorser who transmitted the copies to different persons, as well as the subsequent endosensors, shall be bound by all the copies bearing their signature which have not been returned.

In the event of tampering with the text of a cheque, the signatories subsequent to that alteration shall be kept in the terms of the altered text; the earlier signatories shall be in the terms of the original text.

The bearer's actions against the endosensors, shooter and other retails are prescribed six months after the expiry of the filing deadline.

Actions for the payment of a cheque against each other shall be prescribed for six months from the day on which the obligation has refunded the cheque or the day on which it was activated.

The interruption of the limitation period shall have effect only against that in respect of which the interrupting act has been made.

In this Act, the word "banker" also includes persons or institutions assimilated by law to bankers. ¹

The presentation and the protection of a cheque may only be made on one working day.

Where the last day of the period granted by the law for the performance of acts relating to the check, and in particular for the presentation or for the establishment of the protection or an equivalent act, is a statutory holiday, this period shall be extended to the The first working day after the expiration date. Intermediate holidays shall be included in the computation of the time limit.

The time limits set out in this Law shall not include the day on which they are used as the starting point.

No day of grace, neither legal nor judicial, is allowed.