brunnolou/swiss-code-of-obligations huggingface dataset:
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
1. Requirements

Art. 991

A bill of exchange contains:

1.

 the designation ‘bill of exchange’ in the text of the instrument and in the language in which it is issued;

2.

 the unconditional instruction to pay a certain sum of money;

3.

 the name of the person who is to pay (drawee);

4.

the due date;

5.

the bill domicile;

6.

 the name of the person to whom or to whose order payment is to be made;

7.

the date and the place of issue;

8.

 the drawer’s signature.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
2. Required content lacking

Art. 992

1 An instrument missing one of the elements stipulated in the previous article is not deemed a bill of exchange, except in the cases described in the following paragraphs.

2 A bill of exchange containing no indication of the due date is deemed a sight bill.

3 Where no other specific place is mentioned, the place indicated together with the name of the drawee is deemed both the bill domicile and the domicile of the drawee.

4 A bill of exchange containing no indication of the place of issue is deemed drawn at the place indicated together with the name of the drawer.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
3. Types

Art. 993

1 A bill of exchange may be made out to the drawer’s own order.

2 It may be drawn on the drawer himself.

3 It may be drawn for the account of a third party.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
4. Payment of domiciled bills

Art. 994

A bill of exchange may be domiciled with a third party, at the drawee’s domicile or at another place.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
5. Promise of interest

Art. 995

1 In a bill of exchange payable on sight or at a stated period after presentation for acceptance, the drawer may stipulate that the bill amount will bear interest. For all other bills, the interest rate comment is deemed unwritten.

2 The interest rate must be indicated on the bill of exchange; where there is no such indication, the interest rate comment is deemed unwritten.

3 The interest accrues as of the date on which the bill of exchange was drawn, unless some other date is specified.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
6. Discrepancy in specification of bill amount

Art. 996

1 Where the bill amount is given in both letters and numbers, in the event of any discrepancy the amount given in letters is the valid amount.

2 Where the bill amount is given more than once in both letters and numbers, in the event of any discrepancy the lowest amount is the valid amount.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
7. Signatures of persons lacking capacity

Art. 997

Where a bill of exchange bears a signature of a person lacking capacity to enter into liabilities on a bill of exchange, a forged signature, the signature of a bogus person or a signature which for whatever other reason is not binding on the person who signed or in whose name the bill was signed, this fact has no effect on the validity of the other signatures.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
8. Unauthorised signature

Art. 998

A person who signs a bill of exchange as a representative of another without being authorised so to do is himself liable on the bill and, if he honours the bill, has the same rights as the party he purported to represent would have. The same applies to a representative who exceeds his power of representation.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
9. Liability of the drawer

Art. 999

1 The drawer is liable for the acceptance and payment of the bill of exchange.

2 He may disclaim liability for acceptance; any comment whereby he disclaims liability for payment is deemed unwritten.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
I. Drawing and Formal Requirements of Bills of Exchange
10. Blank bill

Art. 1000

Where a bill of exchange that was incomplete when it was negotiated is completed in a manner contrary to the agreed terms, such non-compliance with the agreed terms may not be invoked against the bearer unless he acquired the bill in bad faith or was guilty of gross negligence when he acquired it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
1. Transferability

Art. 1001

1 Any bill of exchange may be transferred by endorsement even if it is not expressly made out to order.

2 Where the drawer has included the words “not to order” or a comment to that effect in the bill of exchange, the bill may be transferred only subject to the formal requirements and with the effects of a normal assignment.

3 The endorsement may also be made out to the drawee, regardless of whether he has accepted the bill or not, to the drawer or to any other party liable on it. Such persons may endorse the bill further.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
2. Requirements

Art. 1002

1 The endorsement must be unconditional. Conditions attached to the endorsement are deemed unwritten.

2 A partial endorsement is void.

3 An endorsement to the bearer is deemed a blank endorsement.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
3. Form

Art. 1003

1 The endorsement must be written on the bill of exchange itself or on a sheet attached thereto (annex, rider). It must be signed by the endorser.

2 The endorsement need not designate the endorsee and may consist merely of the signature of the endorser (blank endorsement). In the latter case the endorsement is valid only if written on the reverse of the bill or on the annex.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
4. Effects
a. Transfer function

Art. 1004

1 The endorsement transfers all rights arising from the bill of exchange.

2 If it is a blank endorsement, the bearer may

1.

 add his name or the name of another person to the endorsement;

2.

 endorse the bill further by blank endorsement or endorsement to a specified person;

3.

 negotiate the bill further without completing the blank endorsement and without endorsing it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
4. Effects
b. Guarantee function

Art. 1005

1 Unless the bill contains a comment to the contrary, the endorser is liable for acceptance and payment.

2 He may forbid further endorsement of the bill; in this case he is not liable to persons to whom the bill is further endorsed.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
4. Effects
c. Proof of bearer’s entitlement

Art. 1006

1 A person possessing the bill is the holder in due course providing he can demonstrate his entitlement by means of an uninterrupted sequence of endorsements, even where the last is a blank endorsement. Deleted endorsements are deemed unwritten. Where a blank endorsement is followed by a further endorsement, it is presumed that the person who issued this endorsement acquired the bill by means of the blank endorsement.

2 Where the bill of exchange was somehow lost by a former holder, a new holder who can demonstrate his entitlement in accordance with the provisions of the previous paragraph is obliged to surrender the bill only if he acquired the bill in bad faith or was guilty of gross negligence when he acquired it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
5. Defences

Art. 1007

A person to whom a bill of exchange is presented for collection may not plead against the holder such defences as are based on his direct relations with the drawer or a previous holder unless the current holder intentionally acted to the detriment of the obligor when acquiring the bill.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
6. Procuration endorsement

Art. 1008

1 Where the endorsement contains the comment “value for collection”, “for collection”, “per pro.” or some other comment expressing no more than authorisation, the holder may exercise all the rights under the bill of exchange; however, he may transfer it only by means of a further procuration endorsement.

2 In this case, the parties liable on a bill may plead against the holder only such defences as are available to them against the endorser.

3 The authority conferred by the procuration endorsement is not extinguished on the death or incapacity of the person conferring it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
7. Pledging endorsement

Art. 1009

1 Where the endorsement contains the comment “value for security”, “value for pledge” or some other comment expressing a pledge, the holder may exercise all the rights under the bill of exchange; however, any endorsement issued by him only has the effect of a procuration endorsement.

2 The parties liable on a bill may not plead against the holder such defences as are based on his direct relations with the endorser unless the holder intentionally acted to the detriment of the obligor when acquiring the bill.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
II. Endorsement
8. Subsequent endorsement

Art. 1010

1 An endorsement after maturity has the same effects as an endorsement prior to maturity. However, where the bill of exchange was endorsed only after protest for non-payment or after expiry of the time limit for protest, the endorsement only has the effects of a normal assignment.

2 Until the opposite is proven, it is presumed that an undated endorsement was made on the bill of exchange before the time limit for protest expired.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
1. Right to present bill

Art. 1011

The holder or any person merely in possession of the bill of exchange may present it to the drawee at his domicile for acceptance at any time prior to maturity.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
2. Presentation compulsory or prohibited

Art. 1012

1 The drawer may stipulate on any bill of exchange that it must be presented for acceptance, with or without a time limit for such presentation.

2 He may prohibit presentation of the bill of exchange for acceptance where it is not domiciled with a third party or at a place other than the domicile of the drawee and is not an after-sight bill.

3 He may also stipulate that the bill of exchange must not be presented for acceptance prior to a specified date.

4 Unless the drawer has prohibited presentation for acceptance, any endorser may stipulate that the bill of exchange must be presented for acceptance, with or without a time limit.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
3. Duty to present after-sight bills

Art. 1013

1 An after-sight bill must be presented for acceptance within one year of the date on which it was drawn.

2 The drawer may stipulate a shorter or longer time limit.

3 The endorser may stipulate a shorter time limit for presentation.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
4. Repeat presentation

Art. 1014

1 The drawee may request that the bill of exchange be presented to him again on the day after the first presentation. The parties may invoke any failure to comply with this requirement only if the request is mentioned in the protest.

2 The holder is not obliged to leave a bill of exchange presented for acceptance in the drawee’s possession.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
5. Form of acceptance

Art. 1015

1 The declaration of acceptance is made on the bill of exchange. It is expressed through the word “accepted” or words to the same effect; it must be underlined by the drawee. The drawee is deemed to have declared his acceptance by merely appending his signature to the obverse of the bill of exchange.

2 Where the bill of exchange is an after-sight bill or must be presented for acceptance within a specified time limit owing to a special comment to that effect, the declaration of acceptance must indicate the date on which it is made, unless the holder requires that the date of presentation be indicated. Where no date is indicated, the holder must draw attention to this omission by timely protest in order to safeguard his right of recourse against the endorser and the drawer.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
6. Restrictions on acceptance

Art. 1016

1 The acceptance must be unconditional; however, the drawee may limit it to a portion of the bill amount.

2 Where the declaration of acceptance contains any terms that deviate from the provisions of the bill of exchange, acceptance is deemed to have been refused. However, the acceptor is liable according to the terms of his declaration of acceptance.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
7. Domiciliate and bill domicile

Art. 1017

1 Where the drawer has indicated on the bill of exchange a bill domicile other than the domicile of the drawee but without designating a third party by whom payment is to be made, the drawee may designate a third party when he declares acceptance. In the absence of such designation it is presumed that the acceptor himself has undertaken to pay the bill at its domicile.

2 Where the bill of exchange is domiciled with the drawee himself, he may designate in his declaration of acceptance an agent at the bill domicile by whom the payment will be made.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
8. Effect of acceptance
a. In general

Art. 1018

1 Due to his acceptance, the drawee is obliged to pay the bill of exchange at maturity.

2 In the event of non-payment, the holder, even if he is the drawer, has a claim against the acceptor under the bill of exchange to any sums to which he is entitled pursuant to Articles 1045 and 1046.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
III. Acceptance
8. Effect of acceptance
b. In the case of deletion

Art. 1019

1 Where the drawee has struck out the declaration of acceptance made on the bill of exchange prior to returning the bill, acceptance is deemed to have been refused. Until the opposite is proven, it is presumed that such deletion was made prior to the return of the bill.

2 However, where the drawee has informed the holder or a person whose signature has been appended to the bill in writing of his acceptance, he is liable to such persons in accordance with the terms of his declaration of acceptance.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IV. Bill Guarantees
1. Bill guarantor

Art. 1020

1 Payment of the bill amount may be secured in part or in full by means of a bill guarantee.

2 Security may be provided by a third party or even by a person whose signature has already been appended to the bill of exchange.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IV. Bill Guarantees
2. Form

Art. 1021

1 The guarantee commitment is inscribed on the bill of exchange or an annex (rider) thereto.

2 It is expressed by the words “as guarantor” or a comment to that effect; it must be signed by the bill guarantor.

3 The mere act of signing the obverse of the bill of exchange is deemed a guarantee commitment, providing the signature is not that of the drawee or the drawer.

4 The guarantee commitment must indicate for whom the guarantee is given; where there is no such indication, it is deemed to be given for the drawer.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IV. Bill Guarantees
3. Effects

Art. 1022

1 The bill guarantor is liable in the same manner as the person for whom he has given the guarantee.

2 His commitment is valid even if the guaranteed obligation is void for any reason other than formal defect.

3 A bill guarantor who pays the bill of exchange acquires all rights thereunder against the person for whom he has given the guarantee and against all those who are liable to such person under the bill.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
V. Maturity
1. In general

Art. 1023

1 A bill of exchange may be drawn:

on sight;

 for a specified time after sight;

 for a specified time after drawing;

on a specified date.

2 Bills of exchange with other maturity dates or with several consecutive maturity dates are void.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
V. Maturity
2. In the case of sight bills

Art. 1024

1 A sight bill is due on presentation. It must be presented for payment within one year of being drawn. The drawer may stipulate a shorter or longer time limit. The endorser may stipulate a shorter time limit for presentation.

2 The drawer may stipulate that the sight bill may not be presented for payment before a specified date. In this case the time limit for presentation commences on that date.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
V. Maturity
3. In the case of after-sight bills

Art. 1025

1 The maturity date of an after-sight bill is determined by the date indicated in the declaration of acceptance or the protest date.

2 Where no date is indicated in the declaration of acceptance and no protest is made, the bill is deemed to have been accepted on the last date of the time limit envisaged for presentation for acceptance as against the acceptor.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
V. Maturity
4. Computation of time limits

Art. 1026

1 A bill of exchange made out for one or more months after it was drawn or after sight falls due on the corresponding day of the payment month. If there is no such day, the bill falls due on the last day of the month.

2 Where the bill of exchange is made out for one or more months plus half a month after it was drawn or after sight, the full months are counted first.

3 Where the maturity date is expressed as the beginning, middle or end of a month, such expression is deemed to mean the first, fifteenth or last day of the month.

4 The expressions ‘eight days’ or ‘fifteen days’ mean not one or two weeks but a full eight or fifteen days.

5 The expression ‘half-month’ means fifteen days.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
V. Maturity
5. Computation by the old method

Art. 1027

1 Where a bill of exchange is payable on a certain date at a place where the calendar is different from that of the place of issue, the maturity date is determined according to the calendar of the bill domicile.

2 Where a bill drawn between two places with different calendars becomes payable when a specified time has elapsed since it was drawn, the date on which it was drawn is converted to the equivalent date in the calendar of the domicile and the maturity date computed according to the latter.

3 The provision set out in the previous paragraph applies_mutatis mutandis_ to the computation of time limits for presentation of bills of exchange.

4 The provisions of this Article do not apply where a comment on the bill of exchange or any other term reveals that the parties intended otherwise.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VI. Payment
1. Presentation for payment

Art. 1028

1 The holder of a bill of exchange payable on a specific date or a specified time after it was drawn or after sight must present the bill for payment on the payment date or one of the two subsequent working days.

2 Delivery of the bill to a clearing house recognised by the Swiss National Bank is equivalent to presentation for payment.[820](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e39753) 

[820](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e39753) Amended by Annex No II 2 of the National Bank Act of 3 Oct. 2003, in force since 1 May 2004 ([AS **2004** 1985](eli/oc/2004/221/en);[BBl **2002** 6097](eli/fga/2002/997/en)).