brunnolou/swiss-code-of-obligations huggingface dataset:
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
VI. Recourse for Non-Payment
4. Exceptions in the case of force majeure

Art. 1131

1 Where insuperable obstacles (statutory provisions enacted by a state or some other instance of force majeure) militate against the timely presentation of the cheque or timely protest or equivalent declaration, the time limits for such actions are extended.

2 The bearer is obliged to notify the immediately preceding endorser of the force majeure event without delay and to note such notification together with the date and place and his signature on the cheque or an annex thereto; in other respects, the provisions set out in Article 1042 are applicable.

3 Once the force majeure ceases to apply, the holder must present the cheque for acceptance or for payment without delay and, where necessary, make protest or similar declaration.

4 In the event that the force majeure lasts for longer than 15 days after the date on which the bearer himself notified the preceding endorser of the force majeure event prior to expiry of the time limit for presentation, recourse may be had without need for presentation or protest or similar declaration.

5 Facts pertaining purely to the person of the bearer or a person charged with the task of presenting the cheque or making protest or arranging for an equivalent declaration do not count as force majeure events.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
VII. Forged Cheques

Art. 1132

The losses arising from payment of a forged or falsified cheque are borne by the drawee, provided that the drawer named on the cheque is not at fault, such as through negligence in the safekeeping of blank cheque forms entrusted to him.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
VIII. Duplicates of a Cheque

Art. 1133

Cheques may be issued in several identical duplicates if they are not made out to the bearer and are payable in a country other than the country of issue or in an overseas territory belonging to the country of issue, or vice versa, or are both issued and payable in an overseas territory, or are issued in one overseas territory and payable in a different overseas territory belonging to the same country. Such duplicates must be given serial numbers within the text on the instrument; otherwise, each duplicate counts as a separate cheque.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IX. Prescription

Art. 1134

1 The bearer’s rights of recourse against the endorser, the drawer and the other parties liable prescribe six months after the time limit for presentation expires.

2 The rights of recourse of one liable party against another prescribe six months after the date on which the cheque was honoured by such party or the claim based on the cheque was asserted against him.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
X. General Provisions
1. Definition of ‘banker’

Art. 1135

For the purposes of this Section, the term ‘banker’ is understood to mean any institution subject to the Federal Act of 8 November 1934[827](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e41520) on Banks and Savings Banks.

[827](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41520) [SR **952.0**](eli/cc/51/117%5F121%5F129/en)
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
X. General Provisions
2. Setting time limits
a. Holidays

Art. 1136

1 The presentation and protest of a cheque must take place on a working day.

2 Where the last day of a time limit within which an action in connection with the cheque must be taken, in particular presentation, protest or an equivalent declaration, falls on a Sunday or a public holiday[828](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e41544), the time limit is extended to include the next working day.

 Holidays falling within the time limit are included when computing it.

[828](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41544) In relation to the statutory time limits under federal law and the time limits fixed by authorities by virtue of federal law, Saturday is now regarded as equivalent to a public holiday (Art. 1 of the FA of 21 June 1963 on the Application of Limitation Periods to Saturdays;[SR **173.110.3**](eli/cc/1963/819%5F815%5F843/en)).
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
X. General Provisions
2. Setting time limits
b. Computing time limits

Art. 1137

When computing the time limits envisaged in this law, the day on which they commence is not included.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
XI. Applicable Jurisdiction
1. Capacity to act as drawee of a cheque

Art. 1138

1 A person's capacity to act as drawee of a cheque is determined according to the law of the country in which it is payable.

2 Where under such law the cheque is void for reasons pertaining to the person of the drawee, obligations are nonetheless binding if they arise from signatures appended to the cheque in countries where the law does not envisage nullity for such reasons.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
XI. Applicable Jurisdiction
2. Form and time limits for declarations on cheques

Art. 1139

1 The form of a declaration on a cheque is determined according to the law of the country in whose territory such declaration was signed. However, compliance with the formal requirements laid down by the law of the place of payment is sufficient.

2 Where a declaration on a cheque that is invalid pursuant to the previous paragraph would be valid under the law of the country in whose territory a subsequent declaration is signed, the validity of the later cheque declaration is not affected by any formal defects of the earlier declaration.

3 Similarly, a declaration on a cheque made by one Swiss national abroad is valid as against another Swiss national in Switzerland providing it satisfies the formal requirements laid down by Swiss law.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
XI. Applicable Jurisdiction
3. Effect of cheque declarations
a. Law of the place of issue

Art. 1040

1 The effects of cheque declarations are determined pursuant to the law of the country in whose territory such declarations were signed.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
XI. Applicable Jurisdiction
3. Effect of cheque declarations
b. Law of the place of payment

Art. 1141

The law of the country in whose territory the cheque is payable determines:

1.

 whether the cheque is necessarily payable on sight or whether it may be drawn for a specified time after sight and what the effects are if a date later than the real issue date is indicated on the cheque;

2.

the time limit for presentation;

3.

 whether a cheque may be accepted, certificated, confirmed or given a mark of approval and what the effects of such comments are;

4.

 whether the bearer may request part payment and whether he must accept part payment;

5.

 whether a cheque may be crossed or have the comment “account payee only” or an equivalent comment appended to it and what the effects of such crossing or comment are;

6.

 whether the bearer has specific rights to the cover and what the nature of such rights is;

7.

 whether the drawer may revoke the cheque or protest against payment of the cheque;

8.

 the measures to be taken in the event of the loss or theft of the cheque;

9.

 whether a protest or equivalent declaration is required to preserve the right of recourse against the endorser, the drawer and the other parties liable for the cheque.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
XI. Applicable Jurisdiction
3. Effect of cheque declarations
c. Law of domicile

Art. 1142

A claim for unjust enrichment against the drawee or the domiciliate is determined according to the law of the country in whose territory these persons are resident.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
XII. Applicability of the Law on Bills of Exchange

Art. 1143

1 The following provisions of the law on bills of exchange are also applicable to cheques:

1.

 Article 990 on the capacity to incur liability as party to a bill;

2.

 Article 993 on bills of exchange made out to own order, drawn on the drawer and for the account of a third party;

3.

 Articles 996–1000 on discrepancies in the specification of the bill amount, signatures of persons lacking capacity to incur liability as parties to bills, unauthorised signatures, liability of the drawer and blank bills;

4.

Articles 1003–1005 on endorsements;

5.

Article 1007 on defences;

6.

 Article 1008 on the rights under procuration endorsement;

7.

 Articles 1021 and 1022 on form and effects of bill guarantees;

8.

 Article 1029 on the right to receipts and part payments;

9.

Articles 1035–1037 and 1039–1041 on protest;

10.

Article 1042 on notification;

11.

Article 1043 on the waiver of protest;

12.

 Articles 1044 on the joint and several liability of the parties;

13.

 Articles 1046 and 1047 on the right of recourse on payment of the bill of exchange and the right to take possession of bills of exchange, protest and receipts;

14.

Article 1052 on claims for unjust enrichment;

15.

Article 1053 on devolution of cover;

16.

 Article 1064 on the relationship between duplicates;

17.

Article 1068 on amendments;

18.

 Articles 1070 and 1071 on interruption of prescriptive periods;

19.

 Articles 1072–1078 and 1079 paragraph 1 on cancellation;

20.

 Articles 1083–1085 on exclusion of days of respite, the place for actions in connection with bills of exchange and signatures by hand;

21.

 Articles 1086, 1088 and 1089 on applicable jurisdiction with regard to capacity to incur liability as a party to bills, actions to exercise and safeguard rights under bills of exchange and exercise of the right of recourse.

2 None of the provisions relating to acceptance of bills of exchange laid down in these Articles is applicable.

3 With regard to their applicability to cheques, Article 1042 paragraph 1, Article 1043 paragraph 1 and 3 and Article 1047 are supplemented in the sense that a declaration equivalent to protest as defined in Article 1128 letters 2 and 3 may substitute for protest itself.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
XIII. Reservation of Specific Law

Art. 1144

The special provisions governing Swiss post office cheques are reserved.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
A. In general
I. Requirements

Art. 1145

A negotiable security is deemed an instrument to order if it is made out to order or declared by law to be an instrument to order.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
A. In general
II. Defences of the obligor

Art. 1146

1 Against a claim deriving from an instrument to order, the obligor may plead only such defences as contest the validity of the instrument or arise from the instrument itself and those available to him personally against the respective obligee.

2 Defences based on the direct relations between the obligor and a former bearer are admissible where the bearer intentionally acted to the detriment of the obligor when acquiring the security.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
B. Bill-like securities
I. Payment instructions to order
1. In general

Art. 1147

Where a payment instruction is not designated as a bill of exchange in the text appearing on the instrument itself but is expressly made out to order and satisfies all the other requirements of a bill of exchange, it counts as a bill of exchange.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
B. Bill-like securities
I. Payment instructions to order
2. No duty to accept

Art. 1148

1 The payment instruction to order must not be presented for acceptance.

2 If it is nevertheless presented but acceptance is refused, the bearer does not have right of recourse on these grounds.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
B. Bill-like securities
I. Payment instructions to order
3. Consequences of acceptance

Art. 1149

1 Where the payment instruction to order is accepted voluntarily, the acceptor of the payment instruction counts as the acceptor of a bill of exchange.

2 However, the bearer may not have recourse before maturity if the instructed party has been declared insolvent or has suspended his payments or compulsory execution has been levied on his assets without success.

3 Similarly, the bearer may not have recourse before maturity if the instructing party has been declared insolvent.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
B. Bill-like securities
I. Payment instructions to order
4. No enforcement of bills of exchange

Art. 1150

The provisions of the Debt Collection and Bankruptcy Act of 11 April 1889[829](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e41826) governing the enforcement of bills of exchange do not apply to payment instructions to order.

[829](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41826) [SR **281.1**](eli/cc/11/529%5F488%5F529/en)
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
B. Bill-like securities
II. Promise to pay to order

Art. 1151

1 Where a promise to pay is not designated as a promissory note in the text appearing on the instrument itself but is expressly made out to order and satisfies all the other requirements of a promissory note, it counts as a promissory note.

2 However, the provisions governing payment for honour do not apply to promises to pay to order.

3 The provisions of the Debt Collection and Bankruptcy Act of 11 April 1889[830](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e41851) governing the enforcement of bills of exchange do not apply to promises to pay to order.

[830](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41851) [SR **281.1**](eli/cc/11/529%5F488%5F529/en)
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Six: Bill-like Securities and Other Instruments to Order
C. Other endorsable securities

Art. 1152

1 Instruments whereby the signatory undertakes to pay certain sums of money or deliver certain quantities of fungibles with reference to place, time and total amount may, if they are expressly made out to order, be transferred by endorsement.

2 These and other endorsable instruments, such as warehouse warrants, bills of lading, etc., are subject to the provisions of the law on bills of exchange governing the form of the endorsement, proof of the bearer’s entitlement, annulment and the bearer’s duty to surrender the instrument.

3 However, the provisions governing rights of recourse on bills of exchange do not apply to such instruments.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Seven: Documents of Title to Goods
. In general831

Art. 1153

Documents of title to goods issued by a warehouse keeper or carrier as negotiable securities must bear:

1.

 the place and date of issue and the signature of the issuer;

2.

the name and address of the issuer;

3.

 the name and address of the depositor or sender of the goods;

4.

 an inventory of the stored or despatched goods by description, volume and identification marks;

5.

 the fees and remuneration payable or paid in advance;

6.

 any special agreements between the parties concerning the handling of the goods;

7.

 the number of duplicates of the document of title to goods;

8.

 the persons with power of disposal, with indication of names or to order or as bearer.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Seven: Documents of Title to Goods
. In general831
II. Equivalent instruments in security ledgers

Art. 1153a832

1 The parties may issue documents of title to goods in the form of ledger-based securities. Articles 1154 and 1155 apply mutatis mutandis.

2 The issuer's signature is not required if the instrument can be unambiguously attributed to him or her in another manner. The further content of the instrument, including any charges, must be recorded in the securities ledger itself or in the associated accompanying data.

[832](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41936) Inserted by No I 1 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Feb. 2021 ([AS **2021** 33](eli/oc/2021/33/en);[BBl **2020** 233](eli/fga/2020/16/en)).
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Seven: Documents of Title to Goods
B. The warrant

Art. 1154

1 Where one of two or more documents of title to goods is to serve the purpose of establishing a lien, it must be designated as a warrant and in all other respects take the form of a document of title to goods.

2 The issue of the warrant must be noted on the other duplicates along with every pledge made, including the claim amount and due date.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Seven: Documents of Title to Goods
C. Significance of the formal requirements

Art. 1155

1 Bills and certificates issued in respect of stored goods or freight that do not satisfy the formal requirements of documents of title to goods are not recognised as negotiable securities, but are deemed to be merely receipts or other documents in proof.

2 Bills and certificates issued by warehouse keepers without the legally required approval from the competent authority are recognised as negotiable securities provided they satisfy the statutory formal requirements. The issuer is liable to an administrative fine of up to 1,000 francs to be imposed by the competent cantonal authority.
Division Five:801 Negotiable Securities
Title Thirty-Four: Bonds
Section One: ...

Art. 1156833

[833](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41992) Repealed by Annex No 1 of the Financial Services Act of 15 June 2018, with effect from 1 Jan. 2020 ([AS **2019** 4417](eli/oc/2019/758/en);[BBl **2015** 8901](eli/fga/2015/2141/en)).
Division Five:801 Negotiable Securities
Title Thirty-Four: Bonds
Section Two:834 Community of Bond Creditors
A. Requirements

Art. 1157

1 Where bonds with uniform conditions are offered directly or indirectly for public subscription by a borrower whose domicile or commercial office is in Switzerland, by operation of law the creditors form a community of creditors.

2 Where several different issues are offered, the creditors of each issue form a separate community of creditors.

3 The provisions of this Chapter do not apply to bonds issued by the Confederation, cantons, municipalities and other public sector corporations and entities.
Division Five:801 Negotiable Securities
Title Thirty-Four: Bonds
Section Two:834 Community of Bond Creditors
B. Bond representative
I. Appointment

Art. 1158

1 Representatives appointed under the bond issue conditions are, unless otherwise provided, deemed to be representatives of both the community of creditors and the borrower.

2 The creditors’ meeting may elect one or more representatives for the community of creditors.

3 Unless otherwise provided, multiple representatives exercise their powers of representation jointly.
Division Five:801 Negotiable Securities
Title Thirty-Four: Bonds
Section Two:834 Community of Bond Creditors
B. Bond representative
II. Powers
1. In general

Art. 1159

1 The representative has such powers as are conferred on him by law, the bond issue conditions or the creditors’ meeting.

2 His duties are to request that the borrower convene a creditors’ meeting where the conditions for such convocation obtain, to implement its resolutions and to represent the community of creditors within the bounds of the powers conferred on him.

3 To the extent that the representative is authorised to assert the creditors’ rights, the individual creditors are not entitled to exercise their rights independently.
Division Five:801 Negotiable Securities
Title Thirty-Four: Bonds
Section Two:834 Community of Bond Creditors
B. Bond representative
II. Powers
2. Monitoring of the borrower

Art. 1160

1 Where the borrower is in arrears in the fulfilment of his obligations under the bond issue, the representative of the community of creditors is entitled to obtain from the borrower all information of interest to the community of creditors.

2 On the same conditions, where the borrower is a company limited by shares, partnership limited by shares, limited liability company or cooperative, the representative may participate in an advisory capacity in the meetings of its governing bodies to the extent that the agenda items under discussion relate to the interests of the bond creditors.

3 The representative must be invited to such meetings and is entitled to receive the background documentation to be discussed at such meetings in good time.
Division Five:801 Negotiable Securities
Title Thirty-Four: Bonds
Section Two:834 Community of Bond Creditors
B. Bond representative
II. Powers
3. In the case of bonds secured by a charge

Art. 1161

1 Where a representative of the borrower and the creditors has been appointed for a bond issue secured by a land charge or a charge on chattels, he has the same powers as a pledgee under a land charge.

2 The representative must safeguard the rights of the creditors, the borrower and the owner of the charged property diligently and impartially.