Act No. 191/1950 Coll. Bills of Exchange and Cheques

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(Valid from January 1, 2014)

191/1950 Coll.

Law

Bills of Exchange and Cheques

of 20 December 1950

as amended by Act No. 29/2000 Coll., Act No. 296/2007 Coll. and Act No. 91/2012 Coll.

National Assembly of the Czechoslovak Republic has passed the following Act:

Article. I

Draft

Bills of exchange

Section One

Issuance and form of bill of exchange

§ 1

Foreign bill includes:

1) indicate that the terms of the bill, conceived with the text of the documents and expressed in the language in which the document is written;

2) unconditional order to pay a certain sum of cash;

3) name of the person who is to pay (drawee);

4) a statement maturity;

5) indication of the place where it should be paid;

6) name the person to whom or to whose order has to be paid;

7) date and place of issue bills of exchange;

8) the signature of the drawer.

§ 2

(1) A document that is missing in some of the particulars referred to in the preceding paragraph does not count as a foreign bill of exchange, except in the cases mentioned in the following paragraphs.

(2) A bill of exchange, in which there is no indication of maturity, it is true that is payable at sight.

(3) If no special information, the place indicated by the name, the place of payment směnečníkova while směnečníkova place of residence.

(4) Unless the bill indicated space equipment, it is true that it has been exposed in the place indicated next to the name of the drawer.

§ 3

(1) A bill of exchange may be for their own series drawer.

(2) The bill may be reported as drawee drawer itself.

(3) Bills can be issued for the account of third parties.

§ 4

Bill may be made payable by a third party, either in směnečníkova place of residence, or in another place.

§ 5

(1) A bill of exchange payable at sight or at a certain time after sight issuer may appoint zúrokování bill amount. In another bill, the following clause for unwritten.

(2) The interest rate must be specified in the bill, the absence of this information, the interest rate for an unwritten clause.

(3) The interest runs from the date of issue of bills, unless a different day.

§ 6

(1) If the sum of the bills of exchange quotations as words and numbers do not match, and if these data, the amount expressed in words.

(2) If the sum of the bills of exchange quotations of several words or several numbers match and if these figures, the smallest amount.

§ 7

When the bill signatures of persons who are unable to commit the bill, false signatures, signatures or signatures of imaginary people who for some other reason not bind persons who signed the bill or on whose behalf the bill is signed, it will not affect the validity of other liabilities people on it signed.

§ 8

Who will sign the bill as a representative of a person he is not authorized to act, the bill itself obliged to pay and has the same rights as would be the person for whom the data according to their act. This also applies to representatives who exceeded the limits of its powers.

§ 9

(1) The issuer is responsible for the receipt and payment of bills.

(2) its responsibility for taking issuer may exclude, each clause, which excludes its liability for payment, pays for unwritten.

§ 10

If there was no promissory note, which was at issue incomplete, filled as it was agreed not to object to the owner of bills that these instructions are not complied with, unless the owner took notes in bad faith or with the acquisition bills guilty of gross negligence.

Section Two

Endorsement

§ 11

(1) Any bill, even if not exposed to the rows can be converted endorsement (endorsement).

(2) He conceived the issuer to bill the words “not to order” or another clause of the same meaning can be transferred only in the form of promissory note as the effects of an ordinary procedure (CESS).

(3) Bills can endorse (endorsement convert) and the drawee, whether or not received the bill, to the issuer or to any other person bill binding. They may also endorsed the bill.

§ 12

(1) The endorsement must be unconditional. Any condition in which it was made dependent is considered an unwritten.

(2) A partial endorsement is null and void.

(3) Sounds endorsement if the owner pays for the blank.

§ 13

(1) The endorsement must be written on the bill or on a sheet with her bound (pendant). It must be signed by endorser (who endorsed the bill transfers).

(2) The endorsement may not be declared indosatář (to whom the bill of exchange endorsed converts); endorsement may depend even just by signing indosantově (blank endorsement, blank endorsed). In the latter case, the endorsement, to be valid, written on the back of bills or a pendant.

§ 14

(1) Endorsements are transferred all rights of the bill.

(2) If it is a blank endorsed, can Owner:

a) complete endorsement on their own behalf or on behalf of someone else;

b) further endorse blank endorsed promissory note or to a person;

c) to surrender bill third party without complete and without blank endorsed bill indosuje.

§ 15

(1) Unless the contrary clause, endorser is responsible for the receipt and payment of bills.

(2) The endorser may prohibit any further endorsement of the bill, in this case does not correspond to those which note was also endorsed.

§ 16

(1) about who has the bill in hand, it is true that the proper owner if he proves his right to uninterrupted series of endorsements, even if it is the last one blank endorsed. Strikethrough endorsements valid for yet unwritten. If it follows a blank endorsed another endorsement, it is true that this endorsement came subscriber bills blank endorsed.

(2) ceases to be somebody bill in any way, not a new owner who will demonstrate its law in a manner referred to in paragraph 1 shall issue a bill unless it has acquired in bad faith or with the acquisition bills guilty of gross negligence.

§ 17

Who is sued by a bill of exchange, can not be the owner of the objections that are based on his own relationship to the issuer or to the previous owners, unless the owner when acquiring one liter bill deliberately damage the debtor.

§ 18

(1) If the endorsement clause “value to select”, “for collection”, “in procuration” or any other clause expressing a mandate, the holder may exercise all rights of the bills, but it can convert only further empowering endorsements.

(2) Persons bill committed in this case may be referred to as the owner of such opposition, which could be endorser.

(3) The authorization contained in empowering endorsement does not expire or death of the principal, or the loss of his legal capacity.

§ 19

(1) If the endorsement clause “to ensure value”, “value to stop” or any other representative of the cessation clause, the owner may exercise all rights of bills, his endorsement is not just the effect of enabling endorsement.

(2) Persons bill committed owner can not make objections that are based on their own relations with the endorser, unless the owner when acquiring one liter bill deliberately damage the debtor.

§ 20

(1) Endorsements overdue bills has the same effects as an endorsement before maturity. However, if the bill endorsed only after protest for non-payment or after the deadline to protest the endorsement effects just an ordinary procedure.

(2) Until the contrary is proved, it is presumed that an undated endorsement on the promissory note was written before the expiry of the protest.

Section Three

Adoption bill

§ 21

The owner or bills and the one who has the bill in the hands, it can produce up to maturity drawee of his home for adoption.

§ 22

(1) The Issuer may at any bill to establish either specifying the period or without him, the bill must be presented for adoption.

(2) The issuer of the bill may prohibit its submission for adoption, unless this is a bill that is due from a third party, or in a place other than the place of residence or směnečníkova that is exposed to a certain time after sight.

(3) The issuer may also stipulate that the bill must be presented for acceptance before a specified date.

(4) prohibit the issuer to submit bills for acceptance, every endorser can either specifying the period or without stipulate that the bill must be presented for adoption.

§ 23

(1) Bills of exchange issued for a certain time after sight must be presented for acceptance within one year from date of issue.

(2) An issuer may shorten this period or specify a longer period.

(3) The endorser can shorten these deadlines.

§ 24

(1) The drawee may request the submission of bills to the adoption was not repeated the following day after the first submission. Participants can claim that failure to comply with this request, but if it was marked in protest.

(2) The owner is not obliged to keep the bill presented for acceptance at the hands of drawee.

§ 25

(1) The adoption of the bill is written. It is expressed by the word “accepted” or other words of the same meaning; signed by the drawee. The mere signature of the drawee face bills paid for admission.

(2) If the bill is payable at a certain time after sight, or if need be by special clauses submit to adopt within the prescribed period, shall be dated the date of adoption, which happen unless the owner requests that specify the date of submission. If no receipt dated, the owner in order to retain their rights to prosecute and indosantům issuer, this failure to give timely detect protest.

§ 26

(1) Acceptance must be unconditional, but the drawee may be limited to part of the bill amount.

(2) deviates from the adoption of the content of other bills, amounts to a denial of admission. However, the recipient is bound by the content of their adoption.

§ 27

(1) If the issuer of the grasses in the bill as payment instead of any other place than the place of residence směnečníkova without marks the third party with which to be paid, that person may designate drawee for acceptance. Failure to do so, it is true that the recipient himself bound to pay in place of payment.

(2) If the bill is payable at the residence drawee, the drawee in the adoption of state address in the place where you want to pay.

§ 28

(1) The adoption of the drawee undertakes to pay the bill at maturity.

(2) If the bill paid, the owner, even if the issuer, the beneficiary a direct claim against the bill on everything that can be recovered under § § 48 and 49

§ 29

(1) by striking out the drawee its acceptance written on the bill before it returns, it is true that the adoption denied. Until proven otherwise, it is considered that the strikeout happened before returning the bill.

(2) If, however, notifies in writing the acceptance drawee bill the owner or any person who has signed the bill, they are bound by the content of their adoption.

Section Four

Bill rukojemství

§ 30

(1) Payment of bills can be for the entire bill or coin for his part assured by bill rukojemstvím.

(2) This warranty may give a third person, or even one who had signed the bill.

§ 31

(1) Rukojemské statement is written on a bill or a pendant.

(2) is expressed Rukojemství words “hostage” or another clause of the same meaning; hostage is signed.

(3) The mere signature on the face of the hostage bill, the bill establishes rukojemství, unless the signature of the drawee or issuer.

(4) The declaration must state who they claim takes. If this is not specified, applies that is incorporated under the drawer.

§ 32

(1) The parity of the hostages is bound as the person for whom the guarantee.

(2) Commitment bill hostage is valid even if the obligation for which the guarantee is null and void for reasons other than for defect of form.

(3) The payment of a bill hostage promissory note, bill of exchange acquires rights against the person for whom the guarantee, and against all who are committed to this person bill.

Section Five

Maturity bills

§ 33

(1) A bill of exchange may be drawn:

at sight,

and some time after seen,

for some time after the date of issue,

on a particular day.

(2) Bills of exchange with different maturities or gradual maturity are invalid.

§ 34

(1) The promissory note is payable on demand upon presentation. Must be presented for payment within one year from date of issue. Issuer may shorten this period or specify a longer period. Endorser may shorten these deadlines.

(2) The drawer may stipulate that the bill at sight must be presented for payment before a specified date. In this case, the period for the submission of that date.

§ 35

(1) The maturity of bills issued at a certain time after sight is governed by the date of adoption or date of protest.

(2) If the protest is made, the recipient with respect to the adoption of undated happened on the last day of the period for submission of bills for acceptance.

§ 36

(1) Bills of exchange issued for one month or several months after the date of issue or seen is payable in the same day of the month in which the payment should be made. If no such day in the month, the bill is due on the last day of that month.

(2) If the bill is exposed to one and a half months or a few months and a half months after the date of issue or seen, counted first months.

(3) If the due date specified in the beginning, middle or end of the month, it means the first, fifteenth or last day of the month.

(4) The terms “eight days” or “fifteen days” shall not include one or two weeks, but for eight or fifteen days.

(5) The term “half moon” means fifteen days.

§ 37

(1) If a bill is payable at a certain date, the calendar is different from the calendar, where it was issued, is valid for the calendar due date of the payment space.

(2) Different If the calendar from exposure from the calendar, place of payment shall be converted to notes payable at a certain time after the date of issue of the day exposed to the day that it coincides with the calendar the place of payment, and thus determining the date of maturity.

(3) Deadlines for submission of bills counted under the provisions of paragraph 2

(4) The provisions of this Article do not apply if it appears from the bill clause or jinakých data on it that there was an intention to modify thing differently.

Section sixth

Payment

§ 38

(1) Bills of exchange payable on a certain day or at a specific time after the date of issue or seen the owner must submit payment to the date of payment or the one day of the next two working days.

(2) Submission of Bills Clearing equal to its presentation for payment.

§ 39

(1) The drawee may pay the bills, request that it be provided with a certificate issued by the owner about payment.

(2) The owner may not refuse partial payment.

(3) In case of partial payment the drawee may demand that this payment was on the bill and indicated that he was issued with a certificate of him.

§ 40

(1) The owner is not obliged to accept bills paid before maturity.

(2) The drawee who pays before maturity, it is at your own risk.

(3) Who pays at maturity, relieves your obligation, unless fraudulently or can not be ascribed gross negligence. Is obliged to investigate the accuracy of a number of endorsements, but not signed endorser.

§ 41

(1) Sounds when the currency bill that is not in circulation in the place of payment, you can pay the bill coin in the domestic currency by value, by the due date. Lingers when the borrower is in payment, the owner may choose whether to bill a penny paid in local currency at the exchange rate on the maturity date or as at the date of payment.

(2) The value of a foreign currency is determined by the place of payment habits. The drawer may stipulate that to be paid according to the rate specified in the bill.

(3) The provisions of the preceding paragraphs do not apply in the case where the issuer of the payment in a currency (clause effective payment in foreign currency).

(4) If the amount of bills of exchange quotations kind of money, which has the same sign, but different value in the country of issue and in the state of payment, it is understood that we mean kind of money the place of payment.

§ 42

Unless the bill is to be paid within the period specified in § 38, each debtor bill fold coin with the competent court at the expense and risk of the owner.

Section Seven

Penalty for non-acceptance and non-payment

§ 43

(1) If the bill has not been paid, the owner at maturity bills execute sanctions against indosantům, issuer and other persons bill bandaged.

(2) The same right to the owner before maturity bills:

1) if the admission denied in whole or in part;

2) if the drawee’s assets, whether or not received the bill, issued a decision on bankruptcy 1) or to reject the insolvency petition 1) for lack of assets, if the drawee stopped their salaries or has been unsuccessfully led enforcement or execution of its property;

3) if the issuer’s assets bill, which banned its submission for adoption, a decision on bankruptcy or insolvency petition for dismissal for lack of assets.

§ 44

(1) Refusal of acceptance or payment shall be a public document found (protest for non-acceptance or non-payment).

(2) Protest for admission must be made within the time limits specified for submission to acceptance. If it was in accordance with § 24 paragraph 1 first bill submitted after the closing date, you can make a protest on the day of maturity.

(3) Protest for non-payment must be made, if it is a bill of exchange payable on a certain day or at a specific time after the date of issue or seen in any of the two working days following the due date. When bill at sight must be made protest for non-payment at the same time limits as set out in the preceding paragraph to protest for non-acceptance.

(4) It will do if the protest for non-acceptance, no need to even present a bill to pay, or make a protest for non-payment.

(5) Stop if the drawee, whether the bill accepted or not, their salaries, or if it was to no avail guided execution on his property, the owner may execute sanction only if the bill was submitted to the drawee for payment and made protest.

(6) If the execution ordered the liquidation of assets drawee, whether or not received the bill, property or assets of the issuer of notes, which prohibit its submission for adoption, just to exercise the right of recourse to submit a resolution to the judicial liquidation. Instead judicial resolution sufficient to submit the decree on its publication.

§ 45

(1) The owner must give notice to refuse admission or to refuse payment to his endorser and issuer within four working days following the day of the protest or the clause “without spending” after the date of submission. Every endorser must, within two working days after received a message to notify his endorser of the message you got, and tell him the names and addresses of those who have reported previously, and after a number to the issuer. Periods shall run from receipt previous message.

(2) Does the under the preceding paragraph message to the person who signed the bill must be filed at the same time the same message to her směnečnému hostages.

(3) Restrict If any endorser address or grasses where it unreadable, it is sufficient to give notice endorser who precedes him.

(4) The report may be given in any form, simply by returning the bill.

(5) A person who is required to give notice, it must prove that it gave the prescribed period. The deadline is met if it was filed within the time period of mail containing the message.

(6) A person who fails to file the report on time, does not lose his rights; responsible for any damage that may have been caused by his negligence, but only to the amount of money bill.

§ 46

(1) The drawer, endorser or hostages may bill the clause “without spending”, “without protest” or any other clause of the same importance in the bill written and signed by the owner waive the obligation to preserve the rights given postihových make protest for non-acceptance or non-payment.

(2) The clause does not relieve the owner of the obligation to submit a bill on time and give the necessary reports. Prove that the deadlines were not met, belongs to the one who invokes it against the owner.

(3) Clause connected issuer is effective against all persons who signed the bill, clause attached endorser or by bill hostage is only effective against them. If the owner can make a protest notwithstanding clause attached to the drawer, they are going to spend his debit. Connects to a clause or endorser bill hostage spending protest was made to do, they can be enforced on all persons who signed the bill.

§ 47

(1) All who exposed the bill, received, or indosovali to the guarantee, the owners are bound jointly and severally.

(2) The holder may request performance on each of them or a few of them together, or at all, and is not bound by the order in which they pledged.

(3) The same right to every person who signed the bill and it paid off.

(4) Claims against any person obligated bill does not prevent owners from seeking their rights to others, even if it came after the person against whom the claim is first.

§ 48

(1) The owner may seek recourse:

1) coin bill, unless bill accepted or paid, with interest, if they have been negotiated;

2) six percent interest from the due date;

3) The expenses of protest and filed reports, as well as other expenses;

4) payment of one-third percent of exchange money or less agreed amount.

(2) Executes if the penalty prior to maturity, shall be deducted from the bill money interest for the meantime. Interest shall be calculated according to the official discount rate of the State Bank of Czechoslovakia, valid on the day of punishment in the owner’s place of residence.

§ 49

Who pays the bill may recover from their predecessors:

1) the entire amount paid;

2) six percent interest on that amount from the date paid;

3) their spending;

4) a fee, which is calculated according to § 48 paragraph 1 No. 4

§ 50

(1) Any person obligated to bill against which performs or may perform sanction may seek to punish her for the amount of the payment was issued a protest note and confirmed account.

(2) Any endorser who paid the bill may delete your endorsement and endorsements successor.

§ 51

When recourse after a partial acceptance may be the one who pays the amount for which the bill was adopted, claim that this was paying the bill and he indicated that the issued certificate. In addition, he must issue a certified copy of the owner and protest bills to allow further recourse.

§ 52

(1) Who is entitled to recourse may, unless the clause to that end, have a new bill to pay, issued to seeing you at one of your ancestors and payable at the home of the predecessor (repayable bill).

(2) repayable bill contains, besides the amounts referred to in § § 48 and 49 dohodcovu and bill payment fee of repayable bill.

(3) Trade-returnable if the bill owner shall determine the amount of the bills of exchange as at the sight bills, issued by the place of payment of the original bill to the place of residence postižního debtor. If the issue repayable bill endorser, determine the sum of its bills of exchange as at the sight bills, made from home drawer returnable bills postižního the place of residence of the debtor.

§ 53

(1) failure to observe the time limits set

to submit bills at sight or at a certain time after sight,

protestaci for the acceptance or non-payment,

to submit bills to pay the clause “without spending”

owner loses his rights against indosantům, issuer and any other person except a committed bill recipient.

(2) If the bill was presented for acceptance within the period designated by the issuer, as the owner loses the right of recourse for non-payment, the right of recourse for acceptance, unless the wording of the clause that the issuer wants to exclude only liable for adoption.

(3) If the deadline for the submission contained in the endorsement, this can be relied on only endorser.

§ 54

(1) Does it matter if the timely submission of bills or early protestaci insurmountable obstacle (the statutory provisions of any State or other case of force majeure), extends the deadline for these acts.

(2) The owner shall immediately give notice to his endorser of a case of force majeure, mark this message to bill or tag and append date and signature, except that the provisions of § 45th

(3) If the force majeure, the owner shall present a bill for acceptance or for payment, and if necessary, to do so after the protest.

(4) If it takes more power for more than thirty days after maturity, recourse can be done without the need to present a bill or make a protest.

(5) The drafts at sight or at a certain time after sight is counted thirty-day period from the day when the owner gave his endorser message that there is a higher power, this message can be put before the deadline for submission. The bills for some time after the thirty-seen extended period of time after sight, reported in the bill.

(6) The facts which concern only the owner or the person who commissioned the present owner of the promissory note or make a protest, it is true that the cases of force majeure.

Section eighth

Bills of exchange intervention

1) General provisions

§ 55

(1) The drawer, endorser or bill hostage may indicate a person who has a need to accept or pay the bill (support address).

(2) Subject to the following bill may be accepted or paid for the honor of any debtor postihového.

(3) Every third and drawee, as well as any person has committed bill, except the recipient may bill for the honor of take or pay.

(4) A person who receives the bill for honor or pay is required to give notice, within two working days of the bill the person committed for which they do so. Fails to meet this deadline shall be responsible for damage caused by its negligence, perhaps, but only up to the amount of money bill.

2) An acceptance for honor

§ 56

(1) Acceptance for honor is permitted in all cases in which the owner may execute penalty prior to maturity, unless the bill, the submission for adoption is prohibited.

(2) If the bill quotations of the person who is in an emergency, in place of payment to accept or pay the bill, the holder prior to maturity to do justice to punish those who joined support address, and against those who followed after him, only submit a bill to the person named in the support address, if it is denied acceptance for honor, can detect denial of protest.

(3) In other cases, the owner may refuse acceptance for honor. Brooks If however, it loses the right to punish, which has before maturity against the honor of the adoption happened, and against those who followed after him.

§ 57

Adoption of honor is indicated on the bill; recipient for the honor of signing it. It must give, for whose honor the bill receives, unless such information is there, it is true that the adoption has happened for the honor of the drawer.

§ 58

(1) The beneficiary is obliged to honor the owner and indosantům who follow the poctěným, as well as honored.

(2) Despite the acceptance for honor may be honored and those who are indebted to his bill, demand drafts to the owner upon payment of the amounts referred to in § 48, that gave them the bill, protest, which was probably made, as well as the confirmed account.

3) Payment for honor

§ 59

(1) Payment for honor is permitted in all cases where the owner can execute punishment upon maturity or before maturity.

(2) Payment for honor must include the full amount he would have to pay honored.

(3) Payment for honor must be made no later than the day after the deadline for making a protest for non-payment.

§ 60

(1) If the bill accepted for honor persons who are resident in the place of payment, or if the given address as supporting persons living in this place, the owner must submit a bill for all these people and put after the case make a protest for non-payment by the day after the deadline set for protest.

(2) failure to carry out if the protest in this period, is free of the obligation to start supporting gave address or honor the bill was received, and the endorser, who, after which follow.

§ 61

If the owner refuses to pay for the honor, he loses his right to punish those who would be exempted from liability.

§ 62

(1) Payment for honor must confirm the bill, indicating for whose honor had happened. In the absence of this information, it is true that it has been paid for the honor of the drawer.

(2) Taxpayers should be issued to honor and protest the bill, if it was made.

§ 63

(1) Honest taxpayer acquires rights against bills poctěnému and against those who are committed to his bill. It can not, however, endorse the bill further.

(2) endorser honored following are exempted from the obligation.

(3) When offering several payment for honor, it takes precedence, which is released from undertaking most people. Who knowing the true state of affairs for the honor of this provision, it loses the right to sanction against those who would otherwise be exempt from liability.

Section ninth

Bill duplicates and copies

1) Counterparts

§ 64

(1) Bills can be issued in two or more counterparts.

(2) These copies must be numbered in the text of the Charter, or pay each copy as a separate bill.

(3) Each owner of the notes, in which there is no indication that was exposed in a single copy, it can be claimed that at his own expense additional copies were issued. For this purpose, must contact the endorser and again to his endorser and so, after all, when comes to the issuer.

(4) The endorser is obliged to repeat their endorsements on the new copies.

§ 65

(1) If paid one copy, cancel rights of all duplicates, even when there is established that the payment of one other copy shall lose validity. Drawee remains committed each received a copy of which he has not returned.

(2) endorser who has transferred copies to various people, as well as the endorser are committed to following all of the copies on which their signatures and have not been returned.

§ 66

(1) Whoever sends one copy to the adoption, in other copies must indicate the name of the person who has sent a copy of the receipt. This person is obliged to issue the proper owner of another copy.

(2) If it refuses, the holder may exercise recourse only gives the earlier detection protest:

1) that at its request has been issued a copy sent to the adoption;

2) that it was not possible to achieve acceptance or payment of the counterpart of the other.

2) Copies

§ 67

(1) Every holder of a bill is entitled to make its copies.

(2) In the description must be accurately repeated the original text with the endorsements and all other clauses therein. It must state where the copy ends.

(3) A copy can endorse and provide rukojemským declaration as well as the same effects as the original.

§ 68

(1) In the description shall be identified person who has the original. This person is obliged to provide the proper owner of the original copy.

(2) If it refuses, the holder may exercise remedies against those who copy or indosovati rukojemství it took only gives the earlier detection protest that he was not at his request, issued the original.

(3) If the original after the last endorsement, written upon it prior to making a copy of a clause “applies here only to describe Endorsements”, or another clause of the same meaning, is a later written endorsement on the original invalid.

Section tenth

Changes

§ 69

Was changed to text notes, are those who are signed the bill after the change, bound by the amended text; those who signed the earlier, are bound by the original text.

Section eleventh

Lapse

§ 70

(1) claims against the Bill of Exchange recipients are barred in three years from the date of maturity of the bill.

(2) Claims against the owner indosantům against the issuer and are barred in one year from the date of the protest made on time or clause “without spending” in one year from the date of maturity of the bill.

(3) Claims against other endorser indosantům against the issuer and are barred in six months from the date of the bill paid endorser, or when the claim against him judicially exercised.

§ 71

Interruption of limitation is only effective against it, which is in fact a founding interruption.

Section twelfth

General regulations

§ 72

(1) Where it comes to the draft working day, it is possible to claim the payment until the next working day. Also all other acts relating to bills of exchange, in particular the presentation for acceptance and protest, they can become just a business day.

(2) If the last day of the period in which the state has any of these actions, the working day, the period is extended until the next working day. Holidays falling within the period in the count.

§ 73

To statutory time limits or deadlines in the bill does not set the date from which the period shall begin to run.

§ 74

Do not allow to any days delay; either statutory or judicial.

§ 75

Promissory note includes:

1) indicate that the terms of the bill, conceived with the text of the instrument and expressed in the language in which the document is written;

2) an unconditional promise to pay a certain sum of cash;

3) a statement of repayment;

4) Information about the place where it should be paid;

5) name the person to whom or to whose order has to be paid;

6) the date and place of issue bills of exchange;

7) The signature of the drawer.

§ 76

(1) A document that is missing in some of the particulars referred to in the preceding paragraph, it is not valid as a promissory note, except in the cases mentioned in the following paragraphs.

(2) The promissory note, which does not figure maturity, it is true that it is payable at sight.

(3) Unless specific indication, it is true that the place is a place of issue bills payment and also a place výstavcova residence.

(4) If a promissory note in the indicated place of issue, it is true that it has been exposed in the place names mentioned in the drawer.

§ 77

(1) If it does not contradict the nature of promissory notes, the provisions given to her for a foreign bill of

endorsement (§ § 11-20),

maturity (§ § 33-37),

payment (§ § 38-42),

penalties for non-payment (§ § 43-50, 52-54)

paying for the privilege (§ § 55, 59-63),

copies (§ § 67 and 68),

changes (§ 69),

statute of limitations (§ § 70 and 71),

working days,

time limits and the prohibition days delay (§ § 72-74).

(2) For the actual bill also applies the provisions on foreign bills of exchange payable at a third or a person in a place other than the drawee residence (§ § 4 and 27), the interest clause (§ 5), the data discrepancies bill amount (§ 6) , the consequences of signing bills under the terms of § 7, of the consequences of signing the person who acted without a warrant or represent that exceeds such authorization (§ 8), and blankosměnce (§ 10).

(3) For the actual bill also applies the provisions on bills of exchange rukojemství (§ § 30-32), in the case of § 31, paragraph 4, the bill is rukojemství, unless specified, for whom it accepts, accepts as issuer of promissory notes.

§ 78

(1) An issuer of a promissory note is bound as well as a recipient of foreign bills of exchange.

(2) Promissory note, payable a certain time after sight, must be presented to the issuer seen within the deadlines specified in § 23 Period after seen running from the date of signature of the issuer seen endorsed the bill. If the issuer refuses to acknowledge and dating sight, need to find a protest (§ 25), from the date of the withdrawal period after seen.

Additional regulations

Section One

Protest and some other operations bill

§ 79

Protest must be made by a court, a notary or a local national committee.

§ 80

The protest document should include:

1) name of the person for whom and against whom the protest is made;

2) a statement that the person against whom the protest is, no result was invited to směnečnému performance or that it can not be reached, or that it was not possible to trace room, where he runs his business, and his apartment;

3) Information about the place and date where and when the call bezvýslednému or attempted suicide;

4) in the case of acceptance or payment for honor, note, from whom, for whom and how it was or what was offered for adoption or to pay for the honor;

5) if requested drawee to whom the bill is presented for acceptance, that he was not resubmitted the following day, a note about it;

6) tenor bills of exchange (copy) with all endorsements and notes;

7) protest signing authority official seal or official stamp.

§ 81

When seeking the fulfillment of bills to several persons or more times to the same person, just the only one protest deed.

§ 82

Bill can be paid into the hands of the protest authority. Permission to protest the authority to accept the payment, can not be ruled out.

§ 83

(1) The protest authority is required for reimbursement, without delay, provide the owner or his agents bills protest the original documents and on request, its simple because certified copy.

(2) It is also required by the protests of their content every day in order numerical write any time and in a special book, which is a leaf blade for a serial number and the participants or their legal successors for reimbursement must always give an extract from this book.

§ 84

Who makes protest may protest until the release of the documents for which the protest is, to correct errors in writing, ellipses and other defects protest documents. The correction should be marked as correct and sign.

§ 85

Protests must be made in the period from nine to eighteen hours, and other times, only agree if they expressly person against whom the protest is, consent to be indicated in the protest.

§ 86

The bill or the tag is indicated that the protest was executed. Failure of this record does not affect the validity of the protest.

§ 87

(1) Submission of bills of exchange for acceptance or for payment, purchase protest, request a duplicate bill, as well as all the other tasks that must be performed by a person, to be carried out in rooms where your business operates, and if there is not, or can not be If the trace in the apartment. Elsewhere can be made only with the consent if both Parties consent to be indicated in the protest.

(2) If the protest marked the failure to locate the room where the company operates, not flat, and if it was still possible to detect a not protest therefore ineffective.

(3) The provisions of paragraph 2 shall not affect the responsibility protest authority failed to take appropriate investigations. Remains a question for reporting authority without result, not a protest authority is obliged to make further inquiries.

§ 88

Actions that may be performed in a certain location shown in the bill can be executed in another place, wherever in the act that goes on, the consent of the participants. Attests to the execution of the act in writing, it shall indicate in the certificate and consent.

Section Two

Enrichment

§ 89

(1) The drawer or beneficiary whose bill of limitation or obligation extinguished by not timely executed action necessary to preserve the right of exchange, promissory notes remain indebted to the owner only if the damage to its enriched.

(2) Claims on the issue of enrichment expires in three years after the termination of liability bill.

(3) A indosantům whose bill liability extinguished, is not such claim.

Section Three

Lost or destroyed documents and protest bills

§ 90

(1) Bills of exchange that has been lost or destroyed, it may be said for redemption.

(2) protest letter, that has been lost or destroyed may be replaced by an extract from the book of the protests, which releases protest authority (§ 83 paragraph 2).

repealed by Act No. 91/2012 Coll.

Section One

Issuance and form of a check

§ 1

The check includes:

1) the designation, it is a check, conceived with the text of the documents and expressed in the language in which the document written;

2) unconditional order to pay a certain sum of cash;

3) name of the person who is to pay (drawee);

4) Information about the place where it should be paid;

5) the date and place of issue of the check;

6) the signature of the drawer.

§ 2

(1) A document that is missing in some of the particulars referred to in the preceding paragraph, it is not valid as a check, subject as provided in the following paragraphs.

(2) If no specific indication, it is true that the place referred to by the name of the drawee is a place of payment. Where are some places in the name of the drawee, the check is payable at the first mentioned.

(3) If no such data or any other data, the check is payable at the place where the drawee has his main race.

(4) If the check indicated place of issue, it is true that he was exposed in the place indicated next to the name of the drawer.

§ 3

A check is issued to the financial institution (banker), at which the issuer of the debt, and under arrangements made explicitly or implicitly, that the issuer is entitled to claim a check with this deal. Surveyed these provisions shall not affect the validity of the instrument as a check.

§ 4

A check can not be accepted. The figure on the check that the check receives pay for unwritten.

§ 5

(1) A check may be appointed to be applied:

a) a person with the express clause “to order” or without such a clause;

b) a person with a clause “not to order” or clause the same meaning;

c) owners.

(2) A check completed for a person with a clause “or owner” or with the same meaning clause applies that is exposed to the owner.

(3) The check in which is not mentioned, for whom it was issued, it is true that it is exposed to the owner.

§ 6

(1) A check may be for their own series drawer.

(2) A check may be drawn on the account of a third party.

(3) A check can not be issued to the issuer, unless it is a check made between the different races of the same issuer.

§ 7

Any interest clause in the check pays for unwritten.

§ 8

A check may be made payable at the home of a third party, whether in a place where the drawee has his domicile or in another place, but only if that third party financial institution (banker).

§ 9

(1) If the sum checkbook quotations as words and numbers do not match, and if these data, the amount expressed in words.

(2) If the sum checkbook quotations several words or several numbers match and if these figures, the smallest amount.

§ 10

When the check signatures of persons who are unable to bind controls, false signatures, signatures or signatures imaginary people who for some other reason not bind persons who signed the check or on whose behalf the check was signed, it will not affect the validity of other liabilities those of his signed.

§ 11

Who signed the check as a representative of a person he is not authorized to act, is itself bound to check, and he will pay, has the same rights as would be the person for whom the data according to their act. This also applies to representatives who exceeded the limits of its powers.

§ 12

(1) The issuer is responsible for the payment of the check.

(2) Any clause that excludes liability pays for unwritten.

§ 13

Unless the check, which was for the release of incomplete, filled as it was agreed not to object to the owner of the check that these instructions are not complied with, unless the owner has obtained a check in bad faith or with a check for acquisition guilty of gross negligence.

Section Two

Endorsement

§ 14

(1) A check issued for a specific person can be converted endorsement (endorsement), although it does not sound explicitly “to order”.

(2) A check issued for a person with a clause “not to order” or another clause of the same meaning can be transferred only with the effects in the form of an ordinary procedure (CESS).

(3) A check may be endorsed (converted endorsement) also to the issuer or to any other person check bandaged. They may also endorse a check.

§ 15

(1) The endorsement must be unconditional. Any condition in which it was made dependent is considered an unwritten.

(2) A partial endorsement is null and void.

(3) The endorsement šekovníkův is invalid.

(4) Sounds endorsement if the owner pays for the blank.

(5) endorsement to the drawee only applies as proof of payment, unless the drawee has several races and endorsement added to a different race than that for which the check was issued.

§ 16

(1) The endorsement must be written on the check or on a sheet associated with it (pendant). It must be signed by the endorser.

(2) The endorsement may not be declared indosatář (to whom the check endorsement transfers); endorsement may depend in mere signature indosantově (blank endorsement, blank endorsed). In the latter case, the endorsement, to be valid, written on the back of the check or a pendant.

§ 17

(1) Endorsements are transferred all the rights of a check.

(2) If it is a blank endorsed, can Owner:

a) complete endorsement on their own behalf or on behalf of someone else;

b) further endorse a check or a blank endorsed a particular person;

c) submit a check third party without complete and without blank endorsed check indosuje.

§ 18

(1) Unless the contrary clause, endorser is responsible for paying the check.

(2) The endorser may forbid further endorsement of the check, in this case does not correspond to those which were further endorsed check.

§ 19

About who has a check that can be converted endorsement in hand, it is true that the proper owner if he proves his right to uninterrupted series of endorsements, even if it is the last one blank endorsed. Strikethrough endorsements valid for yet unwritten. If it follows a blank endorsed another endorsement, it is true that this endorsement came subscriber check blank endorsed.

§ 20

Endorsement on the check made out to the owner agrees endorser under the provisions on sanctions but does not check for charter in series.

§ 21

If someone loses a check in any way, unless the new owner – whether a check to the owner or by check, which can convert endorsements, and the owner proves that its right pursuant to § 19 – obliged to issue a check unless it has acquired in bad faith or with check the acquisition guilty of gross negligence.

§ 22

Who is sued by check, the owner can not make objections, based on his own relationship to the issuer or to the previous owners, unless the owner of the check by acquiring one liter deliberately damage the debtor.

§ 23

(1) If the endorsement clause “value to select”, “for collection”, “in procuration” or any other clause expressing a mandate, the holder may exercise all rights of a check, but you can convert only further empowering endorsements.

(2) Persons obliged to check in this case may be referred to as the owner of such opposition, which could be endorser.

(3) The authorization contained in empowering endorsement does not expire zmocnitelovou neither death nor the loss of his legal capacity.

§ 24

(1) Endorsements made by protest or the detection of the same importance or after the deadline for submission of a check has only effects common procedure.

(2) Until the contrary is proved, it is presumed that an undated endorsement on the check was written before or protest before finding the same meaning or before the deadline for submission of a check.

Section Three

Cheque rukojemství

§ 25

(1) Payment of a check may be for the entire check or a penny for his part guaranteed Cheque rukojemstvím.

(2) This warranty may give third party, other than the drawee, or one who had signed the check.

§ 26

(1) Rukojemské statement is written on a check or a pendant.

(2) is expressed Rukojemství words “hostage” or another clause of the same meaning; hostage is signed.

(3) The mere signature on the face of the check, the check rukojemství based, unless the signature of the drawer.

(4) The declaration must state who they claim takes. If this is not specified, applies that is incorporated under the drawer.

§ 27

(1) check hostages is bound as well as the person for whom the guarantee.

(2) Commitment hostage Cheque is valid even if the obligation for which the guarantee is null and void for reasons other than for defect of form.

(3) The payment of a check hostages check, acquires rights of a check against whom pledged for, and against all who are indebted to check this person.

Section Four

Submission and payment

§ 28

(1) A check is payable at sight. Each variant figure refers to as unwritten.

(2) A check, which shall be presented for payment before the date on which it is shown as the date of issue, is payable on the day of submission.

§ 29

(1) A check that is issued and payable in the same State, to be submitted for payment within eight days.

(2) A check that is exposed in a State other than that in which it is payable is required to be paid within twenty days if place of issue and place of payment in the same continent, and within seventy days, when it is displayed and instead of payment in different continents.

(3) doing the checks, which are exposed in a country of Europe and is payable in a Mediterranean coastal States and vice versa, is deemed to be issued and payable in the same continent.

(4) The period runs from the date on which the check is given as the date of issue.

§ 30

If the drawee to a place, whose calendar is different from the calendar, where it was exposed, recalculates the date of issue of the day that it coincides with the calendar the place of payment.

§ 31

Submission of Cheque Clearing is equal to its presentation for payment.

§ 32

(1) Revocation check is effective only after the deadline for submission.

(2) If the canceled check, the drawee may apply after the deadline for submission.

§ 33

The validity check does not affect either the death of the drawer, or loss of legal capacity, which occurs after exposure.

§ 34

(1) The drawee may demand the payment of a check, a check that had been issued a certificate bearing the owner of the payment.

(2) The owner may not refuse partial payment.

(3) In case of partial payment the drawee may demand that this payment was indicated on the check and to be issued with a certificate of him.

§ 35

Drawee who pays indosovatelný check is required to examine the accuracy of a number of endorsements, but not signed endorser.

§ 36

(1) Sounds to check for currency which is in circulation in the place of payment, you can check coin pay in the local currency based on the value they have in the day of payment. If a check is not paid upon presentation, the owner may choose whether to check coin be paid in local currency at the exchange rate at the date of submission, or as at the date of payment.

(2) The value of a foreign currency is determined by the place of payment habits. The drawer may stipulate that to be paid according to the rate specified in the check.

(3) The provisions of the preceding paragraphs do not apply in the case where the issuer of the payment in a currency (clause effective payment in foreign currency).

(4) If the sum of quotations checkbook kind of money, which has the same sign, but different value in the country of issue and in the state of payment, it is understood that we mean kind of money the place of payment.

Section Five

Crisscrossed check and the check to be cleared

§ 37

(1) An issuer or owner can check it intersect with those listed in § 38

(2) Cruising happens two parallel lines on the face of the check. It may be either general or special.

(3) Crossing the general, if not between the lines of any designation or if among them the designation “financial institution” (banker) or signs of the same meaning; cruising is special, it is between the two lines inscribed the name of the financial institution (banker ).

(4) General Cruising can be changed to cruising special, but special cruising can not change the general cruising.

(5) The strikeout cruising or name of the selected financial institution (banker) holds, as would have happened.

§ 38

(1) A check may generally crisscrossed the drawee to pay a financial institution (the bankers) or your customer.

(2) A check may be cruising with a special payment to the drawee only designated financial institution (the bankers), or if the financial institution (banker) drawee only your customer. Tagged cash Institute (banker) may be used to select the check another financial institution (the bankers).

(3) Monetary Institute (banker) can take only křižovaného check from any of its customer or from another financial institution (the bankers). Can be selected only on behalf of those persons.

(4) If the check several times a specific crossing, it can drawee pay only the case of two crossing, and one of them is to select the check Clearing.

(5) the drawee or financial institution (banker), which acts against these provisions, it is responsible for claims incurred up to the check amount.

§ 39

(1) The drawer and payee may prohibit the check was paid in cash, the clause “only to be cleared” or any other clause of the same meaning written across the face of the check.

(2) In this case, the drawee may even check just bookkeeping (credit note, transfer, offsetting). Such a settlement with equal pay check.

(3) The striking clause “only for clearing” applies as would have happened.

(4) the drawee who acts against these provisions, it is responsible for claims incurred up to the amount of money Cheques.

Section sixth

Penalty for non-payment

§ 40

The owner can execute sanctions against indosantům, issuer and other persons bound by check if the check is not paid timely and if it is found to denial of payment:

1) a public document (protest);

2) a written, dated statement šekovníkovým, written on the check with the entry of the submission;

3) Clearing dated statement that the check was timely submitted and not paid.

§ 41

(1) Protest the same meaning or discovery to be made before the deadline for submission.

(2) If a check presented on the last day of this period can be made or detection protest have the same meaning in the following working day.

§ 42

(1) The owner must give notice of the withholding payment to his endorser and issuer within four working days following the date of protest or the day of observing the same meaning or the clause “without spending” after the date of submission. Every endorser must, within two weekdays after he got a message to notify his endorser of the message you got, and tell him the names and addresses of those who have reported before, and after a number to the issuer. Periods shall run from receipt previous message.

(2) Does the under the preceding paragraph message to the person who signed the check must be made at the same time the same message to her šekovému hostages.

(3) Restrict If any endorser address or grasses where it unreadable, it is sufficient to give notice endorser who precedes him.

(4) The report may be given in any form, simply by returning the check.

(5) A person who is required to give notice, it must prove that it gave the prescribed period. The deadline is met if it was filed within the time period of mail containing the message.

(6) A person who fails to file the report on time, does not lose his rights, but is in line for damage that may have been caused by his negligence, but only to the amount of money Cheques.

§ 43

(1) The drawer, endorser or hostages may check clause “without spending”, “without protest” or any other clause of the same importance in the check written and signed by the owner waive the obligation to preserve the rights given postihových do protest, or of the same meaning.

(2) The clause does not relieve the obligation to check the owner to come forward and give the necessary reports. Prove that the deadline was not met, belongs to the one who invokes it against the owner.

(3) Clause connected issuer is effective against all persons who signed the check; endorsements endorser or Cheque hostage is only effective against them. If the owner can make a protest, or of the same meaning notwithstanding clause attached to the drawer, they are going to spend his debit. Connects to a clause or endorser check hostage spending protest or finding the same meaning they have been made yet, can be recovered on all persons who signed the check.

§ 44

(1) All persons bound checkbook holder responsible jointly and severally.

(2) The owner may request the performance of each of them or several of them, or all together, and is not bound by the order in which they are committed.

(3) The same right every person has committed a check, a check that paid off.

(4) Claims against any person obligated for Cheques prevent owners from seeking their rights to others, even if it came after the person against whom the claim is first.

(6) If the drawee’s assets, whether or not a bill of exchange accepted or issuer bills that prohibit its submission for adoption, decided to reject the bankruptcy or insolvency petition for lack of assets, sufficient to exercise the right of recourse to submit the relevant court decision.

§ 45

The owner may seek recourse:

1) controls the money if the check has not been paid;

2) six percent interest from the date of submission;

3) spending protest or finding the same meaning and spending reports, as well as other expenses;

4) payment of one-third percent Cheques or money in less agreed amount.

§ 46

Who pays the check, it can recover from its predecessors:

1) the entire amount paid;

2) six percent interest on that amount from the date paid;

3) their spending;

4) a fee, which is calculated according to § 45 No. 4

§ 47

(1) Any person obligated to check against which performs or may perform sanction may seek to punish her for the amount of the payment was issued a check to a protest or findings confirmed the importance and the same account.

(2) Any endorser who paid the check, you may delete your endorsement and endorsements successor.

§ 48

(1) Does it matter if the timely submission of a check or protestaci or timely detection of the same meaning insurmountable obstacle (the statutory provisions of any State or other case of force majeure), extends the deadline for these acts.

(2) The owner shall immediately give notice to his endorser of a case of force majeure, mark this message on the check or tag and append date and signature, except that the provisions of § 42nd

(3) If the force majeure, the owner shall submit a check for payment and if necessary, to make for protest or findings of the same importance.

(4) If it takes more power for longer than fifteen days from the date on which the owner, even before the deadline for submission, endorser, gave his report that there was a higher power that can be done to punish rights without need to submit a check or make a protest or findings the same meaning.

(5) The facts which concern only the owner or the person who commissioned the owner to submit a check or make a protest, or of the same meaning, it is true that the cases of force majeure.

Section Seven

Cheque counterparts

§ 49

Unless the check to the owner, everyone can be a check that is issued in one country and payable in another State or overseas parts of the same state, and vice versa, or check that is issued and payable in the same part or overseas in various parts of the overseas same state, exposed in several copies. If a check issued in several originals, copies must be numbered in the text document, otherwise the each copy as a separate check.

§ 50

(1) If paid one copy, cancel rights of all duplicates, even when there is established that the payment of one other copy shall lose validity.

(2) endorser who has transferred copies to various people, as well as the endorser are committed to following all of the copies on which their signatures and have not been returned.

Section eighth

Changes

§ 51

If it has been changed text check are the ones who signed the check is after this change, bound by the amended text; those who signed the earlier, are bound by the original text.

Section ninth

Lapse

§ 52

(1) prosecute claims against indosantům owner, issuer and other persons bound by Cheque are barred in six months from the deadline for submission.

(2) prosecute claims of individual persons contracted to pay a check against other such persons are barred in six months from the date of the borrower to pay a check, or when the claim against him judicially exercised.

§ 53

Interruption of limitation is effective against it, which is in fact a founding interruption.

Section tenth

General Provisions

§ 54

(1) The presentation of the check and the protest can happen only in the working day.

(2) If the last day of the period in which the state has any action regarding the check, in particular the presentation, protest, or of the same meaning, the working day, the period is extended until the next working day. Holidays falling within the period in the count.

§ 55

To statutory deadlines excluding the day from which the period shall begin to run.

§ 56

Not be allowed to delay any days, either statutory or judicial.

Section eleventh

Additional regulations

Protest and some other operations check

§ 57

Protest must be made by a court, a notary or a local national committee.

§ 58

The protest document must include:

1) name of the person for whom and against whom the protest is made;

2) a statement that the person against whom the protest is, no result was invited to šekovému performance or that it can not be reached, or that it was not possible to trace room, where he runs his business, and his apartment;

3) Information about the place and date where and when the call bezvýslednému or attempted suicide;

4) a literal copy of the check with all endorsements and notes;

5) the signature protest authority official seal or official stamp.

§ 59

When seeking the execution of a check on a few persons or several times to the same person, just the only one protest deed.

§ 60

A check can be paid into the hands of the protest authority. Permission to protest the authority to accept the payment, can not be ruled out.

§ 61

(1) The protest authority is required for reimbursement, without delay, provide the owner or his agents check the original instrument of protest and, on request of its plain or certified copy.

§ 62

§ 63

Protests must be made in the period from nine to eighteen hours, and other times, only agree if they expressly person against whom the protest is, consent to be indicated in the protest.

§ 64

On the check or on a tag to indicate that the protest was executed. Failure of this record does not affect the validity of the protest.

§ 65

(1) Submission of a check for payment, purchase protest, request a copy of the check, as well as all the other tasks that must be performed by a person, to be carried out in rooms where your business operates, and if there is not, can not, or if find out in her apartment. Elsewhere can be made only with the consent if both Parties consent to be indicated in the protest.

(2) If the protest marked the failure to locate the room where the company operates, not flat, and if it was still possible to detect a not protest therefore ineffective.

§ 66

Actions that may be performed in a specified location on the check may be made in another place, wherever in the act that goes on, the consent of the participants. Attests to the execution of the act in writing, it shall indicate in the certificate and consent.

Enrichment

§ 67

(1) An issuer whose sanction the withdrawn by check has not been timely submitted, or limitation, check the owner remains committed only if the damage to its enriched.

(2) Claims on the issue of enrichment expires in one year from the issuance of the check.

Lost or destroyed checks and Protest lists

§ 68

(1) A check that has been lost or destroyed, it may be said for redemption.

(2) protest letter, that has been lost or destroyed may be replaced by an extract from the book of the protests, which releases protest authority (§ 61 paragraph 2).

Section twelfth

repealed by Law No. 91/2012 Coll.

Provisions common

§ 1

Bill and check eligibility

Bill or Cheque can bind everyone who is eligible to bind its own acts.

Provisions relating to certain bills of exchange or checks speeches

§ 2

(1) Bill of Exchange and Cheque speeches that were made crosses or other characters are valid only become when it is in the form of an official record.

(2) The provisions of paragraph 1 applies to bills or checkbooks speeches persons blind, deaf, deaf, who can not read, and mute, who can not write.

§ 3

(1) Not valid bill of exchange or check the statements made so that someone signs the name of the person represented. Agent must sign their own name and connect figure for whom signing.

(2) The authorization to sign the bill or check must be in writing. In the cases referred to in § 2 is required for the validity of a notarial authority or court record.

(3) This is without prejudice to the legal provisions of signatures for the enterprise, as well as the form of authorization for these signatures.

§ 4

Příročí in foreign countries

Does it matter if timely action, which is necessary to exercise abroad or to maintain checkbooks and bills of rights, legal provisions there issued (Article I, § 54 and Article II, § 48), can be determined by government order that bills of exchange and check law still persist and, if carried out immediately after the operation, when the obstacle disappears. Just can provide that, for the obstacle to be done after the penalty period without action is needed.

§ 5

Interruption of limitation

(1) Disruption of limitation (Article I, § 71 and Article II, § 53) refers to all cases where, according to the provisions of the Civil Code and Civil Procedure Code further limitation period is finished or not or where the limitation period commences new.

(2) If the defendant shall notify third parties to legal proceedings, it has the same effects as prescription bringing the action.

§ 6

Clearing

Government regulations determine Clearing under Article I, § 38, paragraph 2, and Article II, § 31, and the conditions under which they can submit a promissory note and a check.

§ 7

Compensation for false or forged checks

For any damage resulting from the payment of a false or forged check, the drawee fault or employee thereof, corresponding to the purported drawer of false or forged drawer only guilty if the issue false checks or forgery of the check he or his employee, which uses the work checks. Diverging agreement, which would be advantageous for the drawee is invalid.

Transitional and Final Provisions

§ 8

(1) special provisions remain unaffected by check service Czechoslovak State Bank.

(2) also remains unaffected § 4 paragraph 3 of the Act. No. 43/1948 Coll. agricultural credit.

§ 9

The provisions of this Act does not apply to bills of exchange and checks, which were issued prior to the date when this Act comes into force, with the exception of the protest.

§ 10

Repealing provisions

Repealed all provisions which provide for matters to which this Act applies, in particular:

1) Act No. 84/1906 Imperial Code by check;

2) Bills of Exchange Law No. 1/1928 Coll.;

3) Government Regulation No. 111/1941 Coll., Which publishes and introduces a single bill procedure;

4) Governmental Decree No. 372/1941 Coll., Which publishes and controls establishes a single procedure;

5) Bills of Exchange Act No. 255/1941 Sl. z;

6) Cheques Act No. 256/1941 Sl. z

§ 11

The Act

This Act comes into force on 1 January 1951, determined by the Minister of Justice in agreement with the members of the government.

Gottwald v. r

Dr. John R. v.

Zápotocký v. r

Dr. Rais v. r

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1) Act No. 182/2006 Coll. Bankruptcy and its solution (the Insolvency Act), as amended.