LAW OF OBLIGATION ACT, PART 9, CHAPTER 48, DIVISION 4

Division 4

Claims in Event of Non-payment of Cheque 

  • 1000. Claims of holder of cheque in event of non-payment

(1) In the event of non-payment of a cheque presented within the term for presentment, the holder of the cheque may demand the following from the drawer, the endorser or the person who gave an aval to the cheque:

1) payment of the cheque in the amount not paid;

2) a penalty for late payment in the amount provided for in § 94 of this Act, as of the date of presentment for payment;

3) compensation for expenses relating to a protest or a declaration of non-payment specified in clause (2) 2) of this section, and for other similar expenses;

4) compensation to the extent of 0.33 per cent of the amount specified in clause 1) of this subsection.

(2) A claim specified in subsection (1) of this section may be filed only if non-payment of a cheque is certified by:

1) a protest;

2) a declaration of non-payment written on the cheque by the drawee or a person whose economic activities include the offsetting of cheques, setting out the date of the declaration and the date of presentment for payment.

  • 1001. Terms for protests

(1) A protest or a declaration specified in clause 1000 (2) 2) of this Act shall be drawn up before the expiry of the term for presenting the cheque for payment.

(2) If a cheque is presented for payment on the last day of the term for presentment, a protest or the declaration of non-payment specified in clause 1000 (2) 2) of this Act may also be drawn up on the first working day following the date of presentment.

  • 1002. Failure to adhere to terms due to force majeure

(1) If a cheque cannot be presented for payment or a protest or the declaration of non-payment specified in clause 1000 (2) 2) of this Act cannot be drawn up within the specified term due to force majeure, the term is deemed to be extended until the force majeure ends. Facts which are purely personal to the holder or to the person authorised by the holder to present the cheque or to draw up a protest or a declaration specified in clause 1000 (2) 2) of this Act are not deemed to be force majeure.

(2) The holder of a cheque shall immediately give notice of force majeure to the endorser of the holder and indicate the notice on the cheque or on an allonge. The notice shall be dated and signed by the holder. The holder of the cheque and the parties to the cheque shall give their notices pursuant to the provisions of § 972 of this Act.

(3) When force majeure has ended, the holder of the cheque shall immediately present the cheque for payment and, if necessary, have a protest or the declaration of non-payment specified in clause 1000 (2) 2) of this Act drawn up.

(4) If force majeure continues for more than 50 days from the date on which the holder of a cheque gave notice of the force majeure to the endorser of the holder, the claim specified in subsection 1000 (1) of this Act may be filed without presenting the cheque or drawing up a protest or a declaration of non-payment specified in clause 1000 (2) 2) of this Act, even if notice was given before the expiry of the term for presenting the cheque for payment.

  • 1003. Limitation period for claims arising from cheques

(1) The limitation period for the claims of holders specified in § 1000 of this Act shall be six months as of the expiry of the term for presenting the cheque for payment.

(2) The limitation period for the right of recourse exercised by a party to a cheque against another party to the cheque who bears solidary liability with the first party shall be six months as of the date when the first party paid the cheque or when an action was filed against the first party. If the law of the home country of one of the parties to the cheque prescribes a longer period of limitation, such period shall be applied also to the right of recourse exercised by the other parties.

  • 1004. Claims arising from unjustified enrichment

(1) If a claim specified in § 1000 of this Act cannot be filed against a drawer due to failure to present the cheque for payment within the specified term or due to the expiry of the limitation period, the drawer shall still be liable to the holder pursuant to the provisions concerning unjustified enrichment.

(2) The limitation period for a claim arising from unjustified enrichment specified in subsection (1) of this section shall be one year as of the issue of the cheque.

(3) A claim arising from unjustified enrichment specified in subsection (1) of this section shall not be filed against an endorser.

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