Bill of Exchange Law


13. Ways of Transfer of Bill of Exchange and Promissory Note

According to the way of transfer, bill of exchange can be drawn only upon order or upon name. Due to the Czech bill of exchange law, bill of exchange drawn to a holder is not allowed since the name of the first payee is a requirement of bill. It distinguishes a bill from cheque (see Article III, Section 5 paragraph 1, letter c) BECA).

Unless a bill contains other stipulation, it concerns a bill of exchange drawn upon order primarily transferred by endorsements. Differently from some other securities, it is not necessary to write a statement, that a bill is drawn "to order". Even without such a stipulation, the bill is transferable by endorsements (comp. Article I, Section 11, paragraph 1 BECA). The bill is rightly declared as "legal order-instrument". The bill drawn "au nom" is not very usual. The bill may become an au nom instrument by a special stipulation given by a drawer. The Act stipulates its possible wording "not to order". Bills with such a stipulation are transferable by an assignment according to the Civil Code.

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Chapter 13

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Chapter 13