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Original text
(State 28 February 2006)
The President of the German Reich; the Federal President of the Republic of Austria; His Majesty the King of the Belgians; His Majesty the King of Denmark and of Islande; the President of the Republic of Poland, for the Free City of Danzig; the President of the His Majesty the King of Spain; the President of the Republic of Finland; the President of the French Republic; the President of the Hellenic Republic; His Serene Highness the Regent of the Kingdom of Hungary; His Majesty the King D' Italie; Her Majesty the Emperor of Japan; His Royal Highness the Great Duchess of Luxembourg; the President of the United Mexican States; His Serene Highness the Prince of Monaco; Her Majesty the King of Norway; Her Majesty the Queen in the Netherlands; the President of the Republic of Poland; the President of the Republic of Portugal; Her Majesty the King of Romania; Her Majesty the King of Sweden; the Swiss Federal Council; the President of the Czechoslovak Republic; the President of the Republic; Her Majesty the King of Yugoslavia,
Desiring to adopt rules to resolve certain conflicts of cheque laws, have appointed to their plenipotentiaries, namely:
(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 matter of cheques, the rules indicated in the following articles: 1
A person's ability to commit by cheque 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 checks by one of its nationals and which would not be valid in the territory of other High Contracting Parties By the application of the preceding paragraph of this Article.
The law of the country where the cheque is payable determines the persons on whom a cheque may be drawn.
If, according to this law, the title is void as a cheque because of the person on which it was drawn, the obligations resulting from the signatures of the person in other countries whose laws do not contain that provision are nevertheless valid.
The form of the cheque commitments is governed by the law of the country in whose territory those commitments have been entered into. However, the observation of the forms prescribed by the law of the place of payment is sufficient.
However, if the commitments entered into on a cheque are not valid according to the provisions of the preceding paragraph, but are in conformity with the legislation of the country in which a subsequent commitment has been made, the fact that the first Commitments are irregular in form does not invalidate the validity of the subsequent commitment.
Each of the High Contracting Parties shall be entitled to prescribe that undertakings made in respect of cheques abroad by one of its nationals shall be valid in respect of another of its nationals on its territory, provided they have Was taken in the form provided for in the national law.
The law of the country in whose territory the obligations resulting from the cheque have been subscribed shall settle the effects of those obligations.
The time limits for the exercise of the action under appeal shall be determined for all signatories by the law of the place of creation of the title.
The law of the country where the cheque is payable determines:
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 respect of cheques, shall be governed by the law of the country in whose territory the protection or the act is to be drawn up. Question.
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 cheques 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 15 July 1931 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 1933 to 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 to the non-member States on behalf of which this Convention has been signed or on behalf of Of which there has been accession.
As of 15 July 1931, 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 this deposit immediately to all Members of the League of Nations and to non-member States on behalf of which this Convention has been signed or on whose behalf it has been acceded to.
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 and s.).
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 after the 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 12 and 13, shall specifically indicate that the ratifications or accessions referred to in the first paragraph of this Article have been collected.
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 and s.).
Each ratification or accession following the entry into force of the Convention in accordance with Article 14 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 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 and s.).
Except in cases of urgency, this Convention shall not be terminated before the expiration of two years from the date on which it entered into force for that Member of the League of Nations or for that non-member State; Denunciation shall have effect as from the ninetieth day after the 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 to all Members of the League of Nations and to non-member States on behalf of which this Convention has been signed, or on whose behalf it has been Party.
Each denunciation shall have effect only in respect of the Member of the League of Nations or the non-member State on whose behalf it has been made.
1 See note to art. 13.
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 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 shall decide whether to Convene a Conference for this purpose.
1 See note to art. 13.
The High Contracting Parties may, at the time of signature of the ratification or accession, declare that, by their acceptance of this Convention, they do not intend to assume any obligation in respect of the whole or all Part 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.
In witness whereof, The aforementioned Plenipotentiaries have signed this Convention.
Done at Geneva, on March nineteen thousand nine hundred thirty and one, in simple expedition, which will 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. 13.
At the time of signing the Convention as of today, to settle certain conflicts of cheque laws, 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 1933 the deposit of their ratification on the said Convention, undertake 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 process of ratification.
B
If, on the date of November 1933, the conditions laid down in Article 15, paragraph 1, for the entry into force of the Convention are not met, the Secretary-General of the League of Nations shall convene a meeting of the Members of the Society of Nations and non-member States on whose behalf the Convention has been signed or on whose behalf it has been acceded to.
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 March nineteen thousand nine hundred thirty and one, in simple expedition, which will 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) |
Entry into force |
||
Germany |
3 October |
1933 |
1 Er January |
1934 |
Austria |
1 Er December |
1958 A |
1 Er March |
1959 |
Belgium |
18 December |
1961 A |
18 March |
1962 |
Brazil |
26 August |
1942 A |
24 November |
1942 |
China |
||||
Macao A |
19 October |
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 |
1 Er June |
1934 |
August 30 |
1934 |
Hungary |
28 October |
1964 A |
26 January |
1965 |
Indonesia |
March 9 |
1959 |
27 December |
1949 |
Italy |
August 31 |
1933 |
1 Er January |
1934 |
Japan |
August 25 |
1933 |
1 Er January |
1934 |
Liberia |
16 September |
2005 A |
15 December |
2005 |
Lithuania |
28 April |
2000 A |
27 July |
2000 |
Luxembourg |
1 Er August |
1968 A |
30 October |
1968 |
Monaco |
February 9 |
1933 |
1 Er January |
1934 |
Nicaragua |
March 16 |
1932 A |
1 Er January |
1934 |
Norway |
27 July |
1932 |
1 Er January |
1934 |
Netherlands |
2 April |
1934 |
1 Er July |
1934 |
Curaçao |
September 30 |
1935 A |
29 December |
1935 |
Suriname |
7 August |
1936 A |
5 November |
1936 |
Poland |
19 December |
1936 A |
19 March |
1937 |
Portugal |
8 June |
1934 |
September 6 |
1934 |
Portuguese Overseas Territories |
August 18 |
1953 A |
16 November |
1953 |
Sweden |
27 July |
1932 |
1 Er January |
1934 |
Switzerland |
26 August |
1932 |
1 Er July |
1937 |
* |
Reservations and declarations, see below. |
|||
A |
From 16 Nov 1953 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. Under the Chinese declaration of 1 Er Dec. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999. |
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Denmark
The Government of the King, through its acceptance of the Convention, does not intend to assume any obligation with regard to Greenland.
1 Art. 2 let. B of the FY 8 July 1932 (RS 11 877)
2 See note to art. 13 of the Convention.
3 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).