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(Status on 8 November 2005)
The President of the German Reich; the Federal President of the Republic of Austria; His Majesty the King of the Belgians; the President of the Republic of Brazil; the President of the Republic of Colombia; His Majesty the King of Denmark; the President From the Republic of Poland; for the Free City of Danzig; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the Republic of Finland; the President of the French Republic; the President of the Republic Hellenic; His Serene Highness the Regent of the Kingdom of Hungary; Her Majesty the King of Italy; Her Majesty The Emperor of Japan; His Royal Highness the Great Duchess of Luxembourg; Her Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; the President of the Republic of Poland; the President of the Republic Portugaise; Her Majesty the King of Sweden; the Swiss Federal Council; the President of the Czechoslovak Republic; the President of the Turkish Republic; Her Majesty the King of Yugoslavia,
Desiring to adopt rules to resolve certain conflicts of law with regard to bills of exchange and promissary notes, they have appointed their plenipotentiaries to know:
(Following are the names of plenipotentiaries)
Which, after having communicated their full powers, found in good and due form, have agreed the following provisions:
The High Contracting Parties undertake, to each other, to apply for the solution of the conflicts of laws listed below, in the field of bills of exchange and promissor notes, the rules indicated in the following articles. 1
A person's ability to engage in a bill of exchange and promissor is determined by his or her national law. If this national law declares the law of another country competent, the latter law shall be applied.
The person who is incapable, according to the law indicated by the preceding paragraph, is nevertheless validly held, if the signature was given in the territory of a country according to the legislation of which the person would have been able.
Each of the High Contracting Parties shall have the right not to recognise the validity of the undertaking made in respect of bills of exchange and promissor notes by one of its nationals and which would not be valid in the territory of the Other Contracting Parties than by virtue of the preceding paragraph of this Article.
The form of the commitments made in respect of bills of exchange and promissed notes is governed by the law of the country in whose territory those commitments have been entered into.
However, if the undertakings entered into on a bill of exchange or a promissed note are not valid in accordance with the provisions of the preceding paragraph, they are in conformity with the law of the State in which a subsequent commitment has been made, The fact that the first commitments are irregular in the form does not invalidate the validity of the subsequent undertaking.
Each of the High Contracting Parties shall have the right to prescribe that the commitments made in respect of foreign exchange and promissor order abroad by one of its nationals shall be valid in respect of another of its nationals on its own Territory, provided that they have been taken in the form provided for by the national law.
The effects of the obligations of the acceptor of a bill of exchange and the subscriber of a promissed note are determined by the law of the place where such securities are payable.
The effect of the signatures of the others by a bill of exchange or promissor is determined by the law of the country in whose territory the signatures have been given.
The time limits for the exercise of the action in appeal shall remain determined for all signatories by the law of the place of creation of the title.
The law of the place of creation of the title determines whether the holder of a letter of exchange acquires the claim which gave rise to the issue of the security.
The law of the country in which the bill of exchange is payable governs the issue of whether the acceptance may be restricted to a portion of the amount or whether the holder is required to receive a partial payment.
The same rule applies to the payment of promiss-ordered tickets.
The form and time limits of the protection, as well as the form of the other acts necessary for the exercise or preservation of the rights in the matter of bills of exchange and promissed notes, shall be governed by the laws of the country in whose territory it is to be drawn up The safeguard or past the act in question.
The law of the country in which the bill of exchange or promissor ticket is payable determines the measures to be taken in the event of loss or theft of the currency or promissor note.
Each High Contracting Party reserves the right not to apply the principles of private international law enshrined in this Convention in its capacity as:
In the territory of each of the High Contracting Parties, the provisions of this Convention shall not apply to bills of exchange and promissable notes already created at the time of the implementation of this Convention.
This Convention, of which the French and English texts will also be authentic, shall bear the date of that day.
It may be signed later until 6 September 1930 on behalf of any Member of the League of Nations and any non-member State.
This Convention shall be ratified.
Instruments of ratification shall be deposited before 1 Er September 1932 with the Secretary-General of the League of Nations, who shall immediately notify the Secretary-General of the receipt to all Members of the League of Nations and the non-member States party to this Convention.
As from 6 September 1930, any Member of the League of Nations and any non-member State may accede to it.
Such accession shall be effected by notification to the Secretary-General of the League of Nations 1 To be deposited in the archives of the Secretariat.
The Secretary-General shall notify such deposit immediately to all those who have signed or acceded to this Convention.
1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 ff).
This Convention shall enter into force only once it has been ratified or acceded to on behalf of seven Members of the League of Nations or non-member States, including three members of the League of Nations Represented on a permanent basis in the Council.
The date of entry into force shall be the ninetieth day following receipt by the Secretary-General of the League of Nations of the seventh ratification or accession, in accordance with the first paragraph of this article.
The Secretary-General of the League of Nations 1 , by making the notifications provided for in Articles 13 and 14, shall specifically indicate that the ratifications or accessions referred to in the first paragraph of this Article have been collected.
1 See note to art.14.
Each ratification or accession following the entry into force of the Convention in accordance with Article 15 shall be effective as from the ninetieth day after the date of its receipt by the Secretary-General of the Society of Nations 1 .
1 See note to art.14.
This Convention shall not be terminated before the expiration of two years from the date on which it has entered into force for that Member of the League of Nations or for that non-member State; this denunciation shall produce its Effect from the ninetieth day following receipt by the Secretary-General 1 Of the notification addressed to him.
Any denunciation shall be communicated immediately by the Secretary-General of the League of Nations 2 To all other High Contracting Parties.
Each denunciation shall have effect only in respect of the High Contracting Party on whose behalf it has been made.
Any Member of the League of Nations and any non-member State in respect of which this Convention is in force may address to the Secretary-General of the League of Nations 1 , upon the expiration of the fourth year following the entry into force of the Convention, an application for the revision of certain or all provisions of that Convention.
If such a request, communicated to other Members of the League of Nations or non-member States between which the Convention is then in force, shall be supported within one year, by at least six of them, the Council of the League of Nations Decide whether to convene a Conference for this purpose.
1 See note to art.14.
The High Contracting Parties may declare at the time of signature, ratification or accession that, by their acceptance of this Convention, they do not intend to assume any obligation with regard to the whole or any part thereof Of their colonies, protectorates or territories under their suzerainty or mandate; in this case, this Convention shall not be applicable to the territories subject to such declaration.
The High Contracting Parties may subsequently notify the Secretary-General of the League of Nations 1 That they intend to make this Convention applicable to all or any part of their territories which have been the subject of the declaration provided for in the preceding paragraph. In this case, the Convention shall apply to the territories referred to in the notification ninety days after the receipt of the latter by the Secretary-General of the League of Nations 2 .
Similarly, the High Contracting Parties may at any time declare that they intend that this Convention shall cease to apply to all or any part of their colonies, protectorates or territories under their suzerainty or In this case, the Convention shall cease to be applicable to the territories subject to such declaration one year after the receipt of the latter by the Secretary-General of the League of Nations 3 .
This Convention shall be registered by the Secretary-General of the League of Nations upon entry into force. It will be issued as soon as possible to the Treaty Series Of the League of Nations.
In witness whereof, The aforementioned Plenipotentiaries have signed this Convention.
Done at Geneva on June 7, mil nine hundred and thirty, in simple expedition to be deposited in the archives of the Secretariat of the League of Nations 1 It shall be transmitted to all Members of the League of Nations and to all non-member States represented at the Conference.
(Suivent signatures)
1 See note to art.14.
At the time of signing the Convention, as of today, to settle certain conflicts of law in the field of bills of exchange and promissed notes, the undersigned, duly authorized, have agreed to the following provisions:
A
Members of the League of Nations and non-member States that would not have been able to do so before 1 Er September 1932 the deposit of their ratification on the said Convention commits to send, within 15 days after that date, a communication to the Secretary-General of the League of Nations, to inform the Secretary-General of the situation in which they Are in the area of ratification.
B
If, as of 1 November 1932, the conditions laid down in Article 15, paragraph 1, for the entry into force of the Convention are not fulfilled, the Secretary-General of the League of Nations shall convene a meeting of the Members of the Society of Nations and non-member States that have signed or acceded to the Convention.
The purpose of this meeting will be to discuss the situation and the measures to be taken, where appropriate, to address them.
C
The High Contracting Parties shall communicate reciprocally, as soon as they are in force, to the legislative provisions which they will establish in their respective territories under the Convention.
In witness whereof, The Plenipotentiaries have signed this Protocol.
Done at Geneva, on June 7, mil nine hundred and thirty, in simple expedition to be deposited in the archives of the Secretariat of the League of Nations 2 It shall be transmitted to all Members of the League of Nations and to all non-member States represented at the Conference.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
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Germany |
3 October |
1933 |
1 Er January |
1934 |
Austria |
August 31 |
1932 |
1 Er January |
1934 |
Belarus |
4 February |
1998 S |
25 December |
1991 |
Belgium |
August 31 |
1932 |
1 Er January |
1934 |
Brazil |
26 August |
1942 A |
24 November |
1942 |
China |
||||
Macao A |
29 September |
1999 |
20 December |
1999 |
Denmark |
27 July |
1932 |
1 Er January |
1934 |
Finland |
August 31 |
1932 |
1 Er January |
1934 |
France |
April 27 |
1936 A |
26 July |
1936 |
Greece |
August 31 |
1931 |
1 Er January |
1934 |
Hungary |
28 October |
1964 A |
26 January |
1965 |
Italy |
August 31 |
1932 |
1 Er January |
1934 |
Japan |
August 31 |
1932 |
1 Er January |
1934 |
Kazakhstan |
20 November |
1995 A |
18 February |
1996 |
Lithuania |
28 April |
2000 A |
27 July |
2000 |
Luxembourg |
March 5 |
1963 A |
3 June |
1963 |
Monaco |
25 January |
1934 A |
April 25 |
1934 |
Norway |
27 July |
1932 |
1 Er January |
1934 |
Netherlands |
August 20 |
1932 |
1 Er January |
1934 |
Netherlands Antilles |
August 20 |
1932 |
1 Er January |
1934 |
Aruba |
1 Er January |
1986 |
1 Er January |
1934 |
Poland |
19 December |
1936 A |
19 March |
1937 |
Portugal |
8 June |
1934 A |
September 6 |
1934 |
Russia |
25 November |
1936 A |
23 February |
1937 |
Sweden |
27 July |
1932 |
1 Er January |
1934 |
Switzerland |
26 August |
1932 |
1 Er July |
1937 |
Ukraine |
8 October |
1999 A |
6 January |
2000 |
A |
From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 19 Oct. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999. |
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