If the bill of exchange is not honoured at the maturity day, the possessor has several options for action.
The payment of the bill of exchange in most cases is obtained at its presentation by the possessor to the accepted drawer. Voluntary payment may be studied in two phases, namely: the submission of the payment and the payment itself.
Basically payment is obtained in most cases at presentation.
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It is possible that the payment not be paid by the principal debtor at the submission of the bill, but later by a debtor of recourse. Thus the study of these two distinct phases of voluntary payment, is fully justified. The submission of the payment concerns also the forced payment, which is a further argument for the separation of the two problems listed above.
Submission of the payment.
Aceste cuvinte sunt cu precadere exacte atunci cand avem de-a face cu o personalitate exceptionala, un om ale carui actiuni si cuvinte au influentat decisiv istoria unui secol atat de agitat, de chinuit si de spasmodic precum cel trecut. In asemenea cazuri, complexitatea este incontestabila, judecatile sumare si simpliste nu servesc creionarii unui portret cat mai fidel al personalitatii in discutie. Nelson Mandela lasa in urma cel putin doua mosteniri. Prima este cea politica: e vorba de pasiunea pentru libertate, de refuzul ingenuncherii, de o lupta formidabila pentru demnitate in cele mai neprielnice conditii. Este vorba de fondarea unei ordini constitutionale autentice.
The submission of payment involves two issues, namely: the time of the submission of payment and the place where the submission should be made. The time of the submission for payment. In terms of juan sopena anti aging international of exchange, unlike the common law, bill must be presented for payment at maturity.
A civil or commercial claim may be presented for payment at maturity, but nothing deters to require payment as 1 Stanciu D. Failure to pay a claim of common law does not entail any unfavorable concequence to the creditor. The bill of exchange due on demand, is payable to any presentation so as to show, but at the latest within one year counting from the date of issue, if this term was not extended or abbreviated by the drawer, or abbreviated by the guarantors, in a clause inserted in the bill.
Juan sopena anti aging international drawer can stipulate that a bill on demand not to be presented for payment only after a certain time. In this case the term of one year will run from 1 January The bill of exchange with maturity date at a certain time from the view will be payable at maturity, to be determined, depending on the date of acceptance, or if the acceptance was refused, and it was not dated, from the date of protest objection, or the protest of not dating.
Bills of exchange with maturity at a specific time on demand, will bear the clause "you will pay, three months or 15 days etc.
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Not only the bills of exchange can be provided with maturity at a specific time from the view but also the promissory note. There is no acceptance for these notes, they will be presented to the visa issuer, the date which will compute the maturity date.
Submission to acceptance or visa will also be made within one juan sopena anti aging international from the issuance, this term can be extended or abbreviated as the bill on demand. The bill of exchange with the maturity date at a time from the date of issue, will be specified in days, weeks or months principiar in years, which in practice does not meet.
A bill of exchange payable to a month of the issue, issued on January 30 will be due on the last day of February. Maturity at the beginning, the middle or end of the month, then the first day, the fifteenth or last day of the month. With half of the month means 15 days. Expressions 8 days and 15 days is 8 days and 15 days effective, not one or two weeks. The bill of exchange due on the fixed day will be payable on the day shown in the bill. If the maturity date is on a legal holiday, payment may be required only on the working day following Article The statutory holiday means the holiday in which juan sopena anti aging international do not work.
In some countries public holidays are known as "bank holidays", because there are no banking operations and can not trade. Bills of exchange with maturities in view can not be presented for payment only until the last day of the period of one year from the issue, not in the two working days following. If the last day would be on a Sunday or holiday, the payment will be made not later than the day preceding.
Bills issued and payable in places with different calendars. Article 40 provides for the calculation of maturity date for bills having the 1 Idem, pag. And here it must be a distinguish between bills of exchange due to a day fixed and maturing at a time from the date of issue. Maturing bills of exchange to one day will be fixed by the calendar of the place of payment and the maturity at a time from the date of issue by the calendar of the place of issuance. The terms for the submission of the bills of exchange are considered after the calendar of the places of issuance, or to a certain juan sopena anti aging international from the view, or the payment or the acceptance or visa.
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The above provisions of art. As a rule, the creditor can require payment only at maturity, so the debtor can provide payment only at maturity. The drawer who pays before maturity makes on his risk and danger. What could these risks and dangers be? If a debtor pays before in advance and at maturity it is proved that the real creditor is other that the one who received the payment, you will have to pay to the owner's legitimate bill.
Another example: the debtor pays in advance the true owner, but this one is declared bankrupt before maturity. One of the consequences of bankruptcy is the fact that the bankrupt gives up all his goods and puts them in the administration of a special administrator. The administrator may require, at maturity, the debtor to pay the amount of the bill, to the mass of bankrupt.
Owner can not refuse payment at maturity, or total or partial. In case of refuse, debtor may deposit the amount of deposits at the House Bank, and a receipt will deposit in court, on the creditor's risk and danger. Place of submission for payment.
The place of payment is the geographical locality where payment must be made, not the exact address where payment is made. But the law of bills of exchange does not require, as a prerequisite, an address indicating where the bill is payable. Therefore, art. Thus art. It means the home address where a person actually lives. Importance of presenting payment. Common law claims can even be transmitted through the transfer, generally they are not intended to circulate, and if they are submitted, the debtor must receive a notification so as the assignment to be enforceable against.
Following notification, the debtor will know who juan sopena anti aging international the new creditor. The bill moving through e-mailul nu va fi publicat împotriva îmbătrânirii, about whose existence the drawer- or in the case of promissory notes, the issuer - must not know, like any other signatories, it may get in the hands of a person, about whose existence most borrowers are not aware.
Submission of the payment is to make known to the debtor, the creditor's bill, which is to justify his entitlement to the amount of the bill through a series of uninterrupted endorsements.
the voluntary payment of the bill of exchange - Facultatea de Drept
Another goal 1 Idem, pag. In fact the regression debtors will be threatened to require payment only if the main debtor fails to pay. To know what the main debtor will do, the creditor will have to submit bill for payment.
But, in practice, the analysis requires more complex economic and financial computation, sometimes economists also consider empirical studying methods. For that reason, a series of basic principles is desired as a guide. A common measurement unit In order to reach a pertinent conclusion with regard to the usefulness of a project, all its positive or negative costs and benefits have to be recorded in a common measurement unit, the most convenient one being money, have to be adjusted with the inflation rate and to be calculated in present values.
Because the uncertainty would remain in the case of regression debtors, legislature bills requires the holder to submit payment without delay - the due date or within two working days following - and this under certain penalties. Failure to pay shall entail the loss of rights of recourse. In this regard therefore, the presentation of the payment provided for in provisions of the art. In order to bring action against the main debtor, the submission to pay is not required, the bills of exchange claim may be instituted against it any time within the period of prescription, ie within three years from the due date.
Bill of exchange will be considered submitted for payment by the debtor on the day on which the debtor will receive the copy of the bills of exchange with the summons, or in case they proceed through art. Who should pay? We have seen that the presentation must be made first to the drawer, whether he accepted or not. The drawer who pays, it's on his right to ask, to receive the bill with the words of redemption, written by the owner article 43 al.
Against a refusal to surrender bill, the drawer may refuse payment. The drawer will not neglect, of prudence, to request delivery of title, because otherwise he is exposed to the risk of paying again.
Obviously, the drawer will have an action for damages, or for enrichment without cause against which the owner juan sopena anti aging international pay once but if it is insolvent, the drawer will bear the risk of double payment.
The abusive owner will have to bear, in addition the penal consequences.
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In case of a partial payment, the debtor may not claim to surrender bill, because the creditor needs the title, as long as the claim was not paid in full, to take legal action against the rest of the unearned claim. But the debtor will require to make statement on the bill and to give receipt for the amount of the paid sum art.
In addition to acceptor, the drawer, the endorser and the guarantee are held in solidarity to the holders, to which the holder has the right to pursued, individually or collectively, without taking into account the order in which they were bound.
I have seen, talking about the guaranty of the bill of exchange, that the obligation of the bill is solidary, which means that all the signitories of the bill have the right to pay to the holder or to any other subsequent signitories, which were found upon a legitimate bill. The payment concequences for the debtors are that: "That which is paid at maturity,it is free, except if it was not fraud or mistake" art. Debtor may commit fraud, while knowing that bill was stolen, agrees to pay it to the one who stole it, over the legitimate creditor, or even when he does not know this, after all appearances, the one who presents the bill for payment, he does not appear to be the legitimate holder.
The one who pays frees himself and all subsequent signers. If the one who pays is a regression debtors, he will win the right to require the payment from the main debtor and the debtors of the previous regression.