Article L511-31 of the French Commercial code
November 7, 2023
Payment may only be stopped in the event of loss of the bill of exchange or the safeguarding, receivership or liquidation of the bearer. .
Payment may only be stopped in the event of loss of the bill of exchange or the safeguarding, receivership or liquidation of the bearer. .
In the event of the loss of an unaccepted bill of exchange, the person to whom it belongs may pursue payment of it on any subsequent.
If the lost bill of exchange is endorsed with acceptance, payment may not be demanded on any subsequent bill of exchange except by order of the judge and by giving security.
If the person who has lost the bill of exchange, whether accepted or not, is unable to represent any following, he may request payment of the lost bill of exchange and obtain it by the judge’s order by proving his ownership by his books and by giving security.
In the event of refusal of payment, on the request made under the two preceding articles, the owner of the lost bill of exchange retains all his rights by an act of protest. This deed must be made on the day following the due date of the lost bill of exchange. The notices prescribed by article L. 511-42 must be given to the drawer and endorsers within the time limits…
The owner of the lost bill of exchange must, in order to obtain the next one, apply to his immediate endorser who is obliged to lend him his name and care to act towards his own endorser, and so backwards from endorser to endorser to the drawer of the bill. The owner of the lost bill of exchange bears the costs.
The guarantor’s undertaking referred to in articles L. 511-33 and L. 511-34 is extinguished after three years, if during this time there have been no claims or legal proceedings.
I. – The bearer may exercise his remedies against the endorsers, the drawer and the other obligees: 1° On maturity, if payment has not taken place; 2° Even before maturity: a) If there has been a total or partial refusal of acceptance; b) In the event of safeguard, reorganisation or judicial winding-up proceedings of the drawee, whether acceptor or not, cessation of its payments even if not recorded by a…
Refusal of acceptance or payment must be recorded in a notarised deed known as a protest faute d’acceptation or faute de paiement. The protest in default of acceptance must be made within the time limits fixed for presentation for acceptance. If, in the case provided for in the first paragraph of Article L. 511-16, the first presentation took place on the last day of the time limit, the protest may…
Where the bearer agrees to receive in payment either an ordinary cheque, a mandate to transfer funds to the Banque de France, or a postal cheque, the cheque or mandate must indicate the number and maturity of the instruments thus paid. However, this indication is not required for cheques or money orders created for the settlement between bankers of the balance of transactions carried out between them through a clearing…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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