The bearer may claim from the person against whom he is making the claim : 1. The amount of the unpaid cheque ; 2. Interest from the date of presentation, payable at the legal rate applicable in France; 3. The cost of protesting the cheque, the cost of any notices given, and any other costs.
The person who has repaid the cheque may claim from his guarantors : 1. The full amount paid; 2. Interest on the said sum, from the day on which he disbursed it, calculated at the legal rate applicable in France; 3. The costs he has incurred.
Any obligor against whom recourse is taken or who is exposed to recourse may demand, against reimbursement, the return of the cheque with the protest and an acquitted account. Any endorser who has reimbursed the cheque may strike out his endorsement and those of subsequent endorsers.
When the presentation of the cheque or the preparation of the protest within the prescribed time limits is prevented by an insurmountable obstacle such as legal prescription or other case of force majeure, these time limits are extended. The bearer must, without delay, give notice of the case of force majeure to his endorser and mention this notice, dated and signed by him, on the cheque or on an extension;…
With the exception of bearer cheques, any cheque issued in one country and payable in another country or in an overseas part of the same country and vice versa, or issued and payable in the same part or in various overseas parts of the same country, may be drawn up in several identical copies. Where a cheque is drawn up in several copies, these copies must be numbered in the…
Payment made on one of the copies discharges the obligation, even if it is not stipulated that this payment cancels the effect of the other copies. The endorser who has passed on the copies to different persons, as well as subsequent endorsers, are liable for all copies bearing their signature which have not been returned.
If the text of the cheque is altered, signatories subsequent to the alteration are bound by the terms of the altered text; earlier signatories are bound by the terms of the original text.
Actions for recourse by the bearer against the endorsers, the drawer and the other obligees shall be barred after six months from the expiry of the time limit for presentation. Actions for recourse by the various persons liable for payment of a cheque against each other shall be time-barred after six months from the day on which the person liable repaid the cheque or from the day on which he…
Limitation periods in the case of legal proceedings only run from the date of the last legal action. They do not apply if there has been a conviction or if the debt has been recognised by a separate act. The interruption of prescription has effect only against the person in respect of whom the interruptive act was performed. Nevertheless, the alleged debtors are obliged, if so requested, to affirm on…
The protest must be made by a notary or bailiff at the domicile of the person on whom the cheque was payable, or at his last known domicile. If the address is falsely stated, the protest shall be preceded by a search warrant.
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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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