Act No. 191 / 1950 Coll.

Exchange and cheque law

Valid Effective from 01.01.1951
Contents
Čl. I. Část prvá. Oddíl první. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. Oddíl druhý. § 11. § 12. § 13. § 14. § 15. § 16. § 17. § 18. § 19. § 20. Oddíl třetí. § 21. § 22. § 23. § 24. § 25. § 26. § 27. § 28. § 29. Oddíl čtvrtý. § 30. § 31. § 32. Oddíl pátý. § 33. § 34. § 35. § 36. § 37. Oddíl šestý. § 38. § 39. § 40. § 41. § 42. Oddíl sedmý. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. Oddíl osmý. § 55. § 56. § 57. § 58. § 59. § 60. § 61. § 62. § 63. Oddíl devátý. § 64. § 65. § 66. § 67. § 68. Oddíl desátý. § 69. Oddíl jedenáctý. § 70. § 71. Oddíl dvanáctý. § 72. § 73. § 74. Část druhá. § 75. § 76. § 77. § 78. Část třetí. Oddíl první. § 79. § 80. § 81. § 82. § 83. § 84. § 85. § 86. § 87. § 88. Oddíl druhý. § 89. Oddíl třetí. § 90. Čl. II. Oddíl první. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. § 12. § 13. Oddíl druhý. § 14. § 15. § 16. § 17. § 18. § 19. § 20. § 21. § 22. § 23. § 24. Oddíl třetí. § 25. § 26. § 27. Oddíl čtvrtý. § 28. § 29. § 30. § 31. § 32. § 33. § 34. § 35. § 36. Oddíl pátý. § 37. § 38. § 39. Oddíl šestý. § 40. § 41. § 42. § 43. § 44. § 45. § 46. § 47. § 48. Oddíl sedmý. § 49. § 50. Oddíl osmý. § 51. Oddíl devátý. § 52. § 53. Oddíl desátý. § 54. § 55. § 56. Oddíl jedenáctý. § 57. § 58. § 59. § 60. § 61. § 62. § 63. § 64. § 65. § 66. § 67. § 68. Čl. III. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11.
191
Exchange and cheque law
of 20 December 1950
The National Assembly of the Czechoslovak Republic decided on the following Act:
Čl. I.
A joke.

Část prvá.

_

Oddíl první.

EXAMINATION AND FORM OF A STRANGE DIRECTIVE.
§ 1.
A foreign note shall include:
1. an indication that it is a note, contained in the authentic text of the instrument and expressed in the language in which the instrument is drawn up;
2. an unconditional order to pay a certain sum of money;
3. the name of the person to pay (the barter);
4. maturity date;
5. an indication of the place where the payment is to be made;
6. the name of the person to whom or on whose behalf he is to be paid;
7. the date and place of issue of the bill;
8th signature of the exhibition.
§ 2.
(1) The instrument in which certain particulars referred to in the preceding paragraph are missing shall not be valid as a foreign exchange, subject to the cases referred to in the following paragraphs.
(2) The currency in which there is no maturity date shall be payable in full.
(3) If there is no specific information, the place indicated in the name of the currency exchange is the place of payment and the place of the currency exchange's residence.
(4) If the box does not specify the place of issue, it shall be displayed at the place indicated at the name of the exhibition.
§ 3.
(1) The note may sound on the own line of the exhibition.
(2) In the currency can be given as the currency of the exhibition itself.
(3) A note may be issued to a third party's account.
§ 4.
A note may be made due to a third party either at the place of the currency exchange or at another place.
§ 5.
(1) In the currency due to be seen or for a certain time after seeing, the exhibitors may provide for interest in the currency sum. In another currency this clause is valid for unwritten.
(2) The interest rate should be reported in the currency; if this information is missing, the interest rate clause shall apply for the non-written.
(3) Interest shall run from the date of issue of the bill, unless another date is specified.
§ 6.
(1) If the exchange sum is given in both words and figures and if these figures do not match, the sum shall be expressed in words.
(2) If the exchange sum is given several times in words or several times in numbers and if these figures do not match, the sum shall be the smallest.
§ 7.
If there are signatures on the notes of persons who cannot make an exchange, false signatures, signatures of fabricated persons or signatures which for some other reason do not commit to the bill or on whose behalf the note has been signed, this shall not affect the validity of the obligations of other persons who have signed it.
§ 8.
A person who signs a note as a representative of a person for whom he is not entitled to act shall be contractually obliged and, if he pays, shall have the same rights as the person for whom he has acted according to his data. This also applies to representatives who have exceeded the limits of their authorisation.
§ 9.
(1) The exhibition is responsible for receiving and paying the bill.
(2) The exhibition may exclude its responsibility for acceptance; any clause excluding its liability for payment shall pay for the unwritten.
§ 10.
If a note which was not completed at the time of issue has not been completed as agreed, it may not object to the holder of the notes that these arrangements have not been complied with, unless the owner has acquired the notes in bad faith or has been guilty of gross negligence in the acquisition of the note.

Oddíl druhý.

INDODAAMENT.
§ 11.
(1) Each note, even if not displayed on the series, can be converted by inaccessibility.
(2) If the exhibition takes the word "not to series" or another clause of the same importance, it can only be converted in the form and with the effects of the ordinary procedure (cesse).
(3) The note may be indosed (rewritten) into a currency exchange, whether or not it has received a note, to an exhibition or to any other person in exchange. These persons may further inhabit the note.
§ 12.
(1) Inachievement must be unconditional. Any condition on which he has been made dependent shall be paid for the unwritten.
(2) Partial inuptake is invalid.
(3) If the indisposition appears on the owner, it pays for the unfilled.
§ 13.
(1) The device must be written on the note or on the sheet attached to it (pendant). It must be signed by an indosant (who transfers the note by rubowriting).
(2) In the incapacity, there is no need to specify the incapacitor (to whom the bill is rewritten); the indisposition may also depend on the mere indosant signature (blank indoption, blank indoption). In the last case, the indisposition must be written on the reverse of notes or on the pendant to be valid.
§ 14.
(1) All rights of the bill shall be transferred by the inaccessibility.
(2) If it is a blankoinfekt, the owner may:
(a) to complete the indisposition in your name or on behalf of someone else;
(b) further inhabit the bill of lading or for a person;
(c) to hand over a note to a third party, without having to fill in the blank, and without instituting the note.
§ 15.
(1) If there are no reverse clauses, the Indonesian is responsible for receiving and paying the bill.
(2) Indosant may prohibit further inachievement of the bill. in this case it does not correspond to those to which the note was further indosed.
§ 16.
(1) The person holding the bill is a proper owner if he proves his right by a continuous series of inaccomplishments, even if the last of them is a blankoinachiever. Cross-checked incapacitations pay for unwritten. If there is another indisposition following the Blankoindoption, the signatory of this indobem has acquired the bills of the Blankoindosument.
(2) If a person withdraws any of the notes in any way, a new owner who proves his right in the manner referred to in paragraph 1 shall not be obliged to issue the note unless he has acquired it in an evil faith or has been guilty of gross negligence in the acquisition of the note.
§ 17.
Those who are sued by a note may not object to the owner based on his own relations with the exhibition or to former owners, unless the owner knowingly acted on the debtor's harm when acquiring the note.
§ 18.
(1) If the indisposition contains the "value to be collected" clause, "" in prokura "or another" in prokura "clause, the owner may exercise all the rights of the note, but may only transfer it by another authorisation incapacity.
(2) In this case, the persons in exchange committed may only make claims to the owner that could be made to the Indonesian.
(3) The empowerment contained in the empowerment shall not cease either by the death of the principal or by the loss of his legal capacity.
§ 19.
(1) If the indisposition contains a clause "value to be secured," "value in the security" or another clause expressing a stop, the owner may exercise all rights of the note; However, its inpotence only has the effect of empowerment.
(2) The parties to the exchange obligation may not object to the owner based on their own relations with the Indonesian, unless the holder has acted knowingly to the detriment of the debtor in the acquisition of the note.
§ 20.
(1) The post-maturity indisposition of the note has the same effects as the pre-maturity indisposition. However, if the note was only indosed after the non-payment protest or after the deadline for the protest, the indoption only has the effects of the ordinary procedure.
(2) Until proven otherwise, it is considered that the undated indoption was written on the bill before the deadline for the protest.

Oddíl třetí.

_
§ 21.
The holder of the note, or even those who hold the note, may, until due, submit it to the currency exchange agent at his place of residence for admission.
§ 22.
(1) The exhibition may specify in each currency either with or without the deadline that the bill must be submitted for admission.
(2) The exhibition may prohibit its presentation in the currency for admission, not by a note due to a third party or in a place other than the place of residence of the currency exchange or which is issued for a certain period after seeing.
(3) The exhibition may also provide that the bill may not be submitted for admission before a specific date.
(4) If the exhibition does not prohibit the presentation of a bill of lading, any Indonesian may, either with or without the deadline, provide that the bill must be submitted for admission.
§ 23.
(1) A note issued for a certain period after seeing must be submitted for adoption within one year of the date of issue.
(2) The exhibition may shorten or specify a longer period.
(3) Indosants may shorten these deadlines.
§ 24.
(1) The currency exchange may request that the submission of a note for receipt be repeated on the day following the first submission. Participants may claim that this request has not been granted only if it has been identified in the protest.
(2) The owner is not obliged to keep the note submitted for admission in the hands of the currency exchange.
§ 25.
(1) The receipt is written on the note. It shall be expressed by the word "accepted 'or by another word of equal importance; They're signed by a currency exchange. The mere signature of the currency on the face of the note pays for acceptance.
(2) If the note is due at a certain time after it has been seen or if it has to be submitted for adoption under a special clause within a specified time limit, acceptance shall be dated on the date on which it occurred, unless the holder requests that the date of submission be indicated. If acceptance is not dated, the owner must find this omission in time by protest in order to retain his sanctions against Indonesia and the exhibitors.
§ 26.
(1) Acceptance shall be unconditional; However, the currency may limit them to part of the currency sum.
(2) If acceptance from the contents of the bill differs from that of the bill, it is equal to refusal of acceptance. However, the beneficiary shall be obliged according to the content of his receipt.
§ 27.
(1) Where an exhibition in a currency is held as a payment point other than the place of the barter's residence without identifying the third party to whom it is to be paid, it may designate that person on acceptance. If they do not do so, the beneficiary itself has undertaken to pay at the payment point.
(2) If the note is due at the place of the currency exchange, the currency in receipt may give the address at the place where it is to be paid.
§ 28.
(1) By accepting the currency exchange, it undertakes to pay the currency at maturity.
(2) If the note is not paid, the owner, even if he is an exhibitor, is directly entitled against the recipient from the bill to everything that can be requested under § § 48 and 49.
§ 29.
(1) If the currency exchange crossed out its receipt written on the note before returning it, it shall be denied. Until proven otherwise, it is believed that the cross-check occurred before the note was returned.
(2) However, if a currency exchange is notified in writing of the receipt of the note to the owner or to any person who has signed it, they shall be obliged to accept it according to the content of their acceptance.

Oddíl čtvrtý.

_
§ 30.
(1) Payment of the bill may be guaranteed by the exchange grip for the whole or part of the exchange money.
(2) This guarantee can be given by a third party or by someone who has already signed the note.
§ 31.
(1) The handwritten declaration is written on the note or on the pendant.
(2) Handling shall be expressed by the words "hostage" or by any other clause of the same meaning; The hostage will sign them.
(3) The mere signature of the hostage on the face of the bill is valid for the creation of an exchange handle, if not for the signature of an exchange or exhibition.
(4) The statement shall state who it is to be taken over. If it is not stated, it is assumed to be an exhibition.
§ 32.
(1) The exchange hostage is bound as he vouched for.
(2) The liability of the foreign exchange hostage is valid even if the liability for which it has been guaranteed is invalid for a reason other than a defect in the form.
(3) If the foreign exchange hostage pays the bill, he shall acquire the rights of the bill against whom he has vouched for and against all those who are contractually indebted to that person.

Oddíl pátý.

_
§ 33.
(1) A note may be issued:
See you soon,
For a certain time after seeing,
for a certain time after the date of issue,
for a certain day.
(2) Notes with a different maturity or gradual maturity are invalid.
§ 34.
(1) The note to be seen is due on presentation. It shall be submitted for payment within one year of the date of issue. The exhibition may shorten or specify a longer period. Indosants may shorten these deadlines.
(2) The exhibition may provide that the note in the visible may not be submitted for payment before a specified date. In that case, the period for submission shall begin from that date.
§ 35.
(1) The maturity of the bill issued for a certain period after seeing is determined by the date of receipt or the date of the protest.
(2) If no protest has been made, account shall be taken of the recipient that the undated acceptance took place on the last day of the deadline for submitting the bill of lading.
§ 36.
(1) A note issued for one month or for several months after the date of issue or after seeing is due on the same day of the month in which it is to be paid. If the month is not such a day, the note shall be due on the last day of that month.
(2) If the bill is issued for one and a half months or for several months and a half months after the date of issue or after seeing it, it shall be calculated first for months.
(3) If maturity is determined at the beginning, middle or end of the month, this shall be understood as the first, 15th or last day of that month.
(4) The terms "eight days" or "fifteen days" are not understood for one or two weeks but for an entire eight or fifteen days.
(5) The term "half month" means 15 days.
§ 37.
(1) If the bill is due on a particular day in a place whose calendar differs from the calendar of the place where it was issued, the payment venue shall apply for the due date.
(2) Where the calendar of the place of issue differs from the calendar of the place of payment, the note due shall be recalculated for a certain time after the date of issue of the day of issue, which corresponds to the calendar of the place of payment, and the due date shall be determined accordingly.
(3) The time limits for submitting notes are calculated in accordance with the provisions of paragraph 2.
(4) The provisions of this Article shall not be used if it results from a currency clause or other information on it that there was an intention to modify the matter by way of derogation.

Oddíl šestý.

PAYMENT.
§ 38.
(1) A note due on a particular day or at a certain time after the date of issue or after being seen must be submitted for payment by the owner on the day of payment or on one of the following two working days.
(2) Submission of a bill shall be equal to submission of the bill for payment.
§ 39.
(1) A currency exchange may, when paying a note, request that it be issued with a certificate of payment from the holder.
(2) The owner may not refuse payment in part.
(3) In the case of partial payment, the currency exchange may be requested to be marked on the currency and to be endorsed.
§ 40.
(1) The holder of the bill is not obliged to accept payment before maturity.
(2) A currency exchange which is valid before maturity acts at its own risk.
(3) Those who pay at maturity shall be exempt from their obligation unless they act in a fraudulent manner or are liable to gross negligence. It is obliged to examine the correctness of a number of incapacitations, but not the signatures of the indosants.
§ 41.
(1) Where a currency exchange is denominated in a currency which is not in circulation at the payment point, the currency exchange money may be paid in domestic currency according to the value it has on the due date. If the debtor is late with payment, the owner may choose whether the exchange money is to be paid in domestic currency by rate on the due date or by rate on the payment day.
(2) The value of the foreign currency shall be determined in accordance with the practice of the place of payment. However, the exhibition may provide that it is to be paid on the basis of the exchange rate.
(3) The provisions of the preceding paragraphs cannot be used if the exhibition has established a payment in a particular currency (the effective payment clause in a foreign currency).
(4) Where the currency sum is given by a type of money with the same designation but different value in the State of issue and in the State of payment, the type of money of the place of payment shall be deemed to mean it.
§ 42.
If a bill for payment is not submitted within the period laid down in Paragraph 38, each borrower may deposit the exchange money in the competent court against the expense and danger of the owner.

Oddíl sedmý.

PENALTIES FOR NON-ACCESS AND NON-PAYMENT
§ 43.
(1) If the bill has not been paid, the owner may, at the maturity of the bill, impose sanctions against indosants, exhibitors and other persons in exchange who are obliged.
(2) The owner has the same right before the maturity of the notes:
1. where acceptance has been refused in whole or in part;
2. where a decision on insolvency (1) or refusal of insolvency proceedings (1) has been given in respect of the assets of the foreign exchange currency, whether or not it has taken a currency, the currency has stopped its salary or the execution of the decision on its property has been rendered without result;
3. where, in respect of the property of the exhibition, a bill prohibiting its submission for admission has been issued, a decision on bankruptcy or refusal of insolvency proceedings for lack of property.
§ 44.
(1) The refusal to accept or pay must be established by means of a public instrument (non-acceptance or non-payment protest).
(2) Protest for non-acceptance must be made within the time limits set for submission. If, pursuant to Paragraph 24 (1), a note was submitted for the first time on the last day of the deadline, a protest may be made on the following day.
(3) A non-payment claim shall be made if it is a note due on a specific day or at a certain time after the date of issue or after seeing, on one of the two working days following the due date. A non-payment protest within the same time limits as laid down in the preceding paragraph shall be made at the time of the visible exchange for non-acceptance.
(4) If there is a protest for non-acceptance, there is no need to submit a bill of credit or to make a protest for non-payment.
(5) If the currency is stopped, whether the currency is received or not, by his salary, or if the execution of his fortune has been misled, the holder may only make the penalty if the currency has been submitted to the currency for payment and a protest has been made.
(6) If, in respect of the assets of the foreign currency, the note has been accepted or not or the exhibition of the bill which prohibited its submission for admission has been decided to default or reject the insolvency application for a lack of assets, it is sufficient to exercise the right of penalty to present the relevant judgments to the court.
§ 45.
(1) The owner must give a notice of refusal of admission or of refusal of payment to his indolent and to the exhibitor within four working days following the date of the protest or, in the case of the "non-spending" clause, after the date of submission. Every Indonesian must, within two working days of receiving the message, inform his Indonesian of the message he received and give him the names and addresses of those who had previously submitted the report, and so on to the exhibition. Time limits shall run from receipt of the previous message.
(2) Where, pursuant to the preceding paragraph, a report is given to a person who has signed the currency, the same report shall be submitted to its foreign exchange hostage within the same period.
(3) If an Indonesian does not give its address or if it is unreadable, it is sufficient to give a message to the Indonesian that precedes it.
(4) The report can be given in any form, also by returning the bill.
(5) Those who are obliged to give a message must prove that they have given it within the prescribed period. The time limit shall be respected if a postal consignment containing the report has been lodged within the time limit.
(6) Those who do not report on time do not lose their rights; is liable for damage which may have been caused by his negligence, but only up to the amount of the exchange money.
Contents
Čl. I. Část prvá. Oddíl první. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. Oddíl druhý. § 11. § 12. § 13. § 14. § 15. § 16. § 17. § 18. § 19. § 20. Oddíl třetí. § 21. § 22. § 23. § 24. § 25. § 26. § 27. § 28. § 29. Oddíl čtvrtý. § 30. § 31. § 32. Oddíl pátý. § 33. § 34. § 35. § 36. § 37. Oddíl šestý. § 38. § 39. § 40. § 41. § 42. Oddíl sedmý. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. Oddíl osmý. § 55. § 56. § 57. § 58. § 59. § 60. § 61. § 62. § 63. Oddíl devátý. § 64. § 65. § 66. § 67. § 68. Oddíl desátý. § 69. Oddíl jedenáctý. § 70. § 71. Oddíl dvanáctý. § 72. § 73. § 74. Část druhá. § 75. § 76. § 77. § 78. Část třetí. Oddíl první. § 79. § 80. § 81. § 82. § 83. § 84. § 85. § 86. § 87. § 88. Oddíl druhý. § 89. Oddíl třetí. § 90. Čl. II. Oddíl první. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. § 12. § 13. Oddíl druhý. § 14. § 15. § 16. § 17. § 18. § 19. § 20. § 21. § 22. § 23. § 24. Oddíl třetí. § 25. § 26. § 27. Oddíl čtvrtý. § 28. § 29. § 30. § 31. § 32. § 33. § 34. § 35. § 36. Oddíl pátý. § 37. § 38. § 39. Oddíl šestý. § 40. § 41. § 42. § 43. § 44. § 45. § 46. § 47. § 48. Oddíl sedmý. § 49. § 50. Oddíl osmý. § 51. Oddíl devátý. § 52. § 53. Oddíl desátý. § 54. § 55. § 56. Oddíl jedenáctý. § 57. § 58. § 59. § 60. § 61. § 62. § 63. § 64. § 65. § 66. § 67. § 68. Čl. III. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11.

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationAct No. 191 / 1950 Coll., exchange and cheque
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation28.12.1950
Effective from01.01.1951
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History