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
IX. Act of Honour
2. Acceptance for honour
b. Form

Art. 1056

The acceptance for honour is noted on the bill of exchange; it must be signed by the acceptor for honour. The declaration of acceptance must indicate the person for whom the acceptance for honour is made; absent such indication, it is deemed made for the drawer.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IX. Act of Honour
2. Acceptance for honour
c. Liability of the acceptor for honour, effect on right of recourse

Art. 1057

1 A person accepting a bill for honour is liable to the holder and the subsequent endorsers of the person for whom he intervened in the same manner as said person.

2 In spite of the acceptance for honour the party in whose honour the bill of exchange was accepted and his preceding endorsers may insist that the holder surrender the bill of exchange and the protest made, if any, together with a receipted invoice against reimbursement of the amount specified in Article 1045.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IX. Act of Honour
3. Payment for honour
a. Requirements

Art. 1058

1 Payment for honour is permitted in all cases in which the holder has a right of recourse at or before maturity.

2 The payment for honour must comprise the full amount payable by the party liable on the bill for whom it is made.

3 It must take place no later than the day after the day on which the time limit for protest for non-payment expires.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IX. Act of Honour
3. Payment for honour
b. Obligation of the holder

Art. 1059

1 Where the bill of exchange is accepted for honour by persons resident at the bill domicile or the persons indicated on the bill as being willing to pay in case of need are resident at the bill domicile, the holder must present the bill to all such persons no later than the day after the day on which the time limit for protest for non-payment expires and, where applicable, must arrange protest for failure to make payment for honour.

2 Any failure to make timely protest releases the person who appended the emergency address or in whose honour the bill was accepted and the subsequent endorsers.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IX. Act of Honour
3. Payment for honour
c. Consequence of refusal

Art. 1060

Where the holder refuses payment for honour, he forfeits his right of recourse against those who would have been released.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IX. Act of Honour
3. Payment for honour
d. Right to take possession of bill, protest and receipt

Art. 1061

1 A note that the payment for honour has been received must be made on the bill of exchange, indicating the party for whom the payment was made. In the absence of such an indication, the payment is deemed made for the drawer.

2 The bill of exchange and any protest made are handed over to the payer for honour.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
IX. Act of Honour
3. Payment for honour
e. Devolution of the holder’s rights; multiple payments for honour

Art. 1062

1 The payer for honour acquires the rights under the bill against the party for whom he paid and against those liable to said party under the bill. However, he is not entitled to endorse it further.

2 The subsequent endorsers of the party in whose honour payment was made are released.

3 Where several payments for honour are offered, preference is given to those resulting in release of the largest number of parties liable on the bill. A person paying in honour in contravention of this provision and in full knowledge of the situation forfeits his right of recourse against those who would otherwise have been released.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
X. Production of Multiple Duplicates and Copies of Bills of Exchange
1. Duplicates
a. Right to make duplicates

Art. 1063

1 The bill of exchange may be issued in multiple identical duplicates.

2 Such duplicates must be given serial numbers within the text on the instrument; otherwise, each duplicate counts as a separate bill of exchange.

3 Every holder of a bill of exchange may request that multiple duplicates be supplied to him at his own expense, provided the text of the bill of exchange does not stipulate that it was made out as a single copy. To do so, the holder must contact the preceding endorser immediately before him, who in turn must contact his immediately preceding endorser, and so on in sequence back to the drawer. The endorsers are obliged to repeat their endorsements on the newly issued duplicates.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
X. Production of Multiple Duplicates and Copies of Bills of Exchange
1. Duplicates
b. Relationship between duplicates

Art. 1064

1 Where payment is made on one duplicate of the bill, the rights under all others are extinguished even if they do not bear a comment to the effect that payment on one renders all the others invalid. However, the drawee remains liable for any duplicate accepted that has not been returned to him.

2 Where an endorser has transferred the duplicates to a number of different persons, he and his subsequent endorsers are liable for duplicates bearing their signature which have not been surrendered.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
X. Production of Multiple Duplicates and Copies of Bills of Exchange
1. Duplicates
c. Acceptance comment

Art. 1065

1 Where one duplicate has been sent for acceptance, a note must be made on the others of the name of the person now in possession of the despatched duplicate. The latter is obliged to surrender it to the rightful holder of any other duplicate.

2 Where he refuses to surrender it, the holder has a right of recourse only after arranging for protest to be made, thereby confirming:

1.

 that the duplicate sent for acceptance was not surrendered to him on request;

2.

 that neither acceptance nor payment was obtained on a different duplicate.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
X. Production of Multiple Duplicates and Copies of Bills of Exchange
2. Copies
a. Form and effect

Art. 1066

1 Every holder of a bill of exchange is entitled to make copies of it.

2 The copy must be an exact reproduction of the original instrument with endorsements and all other notes and comments appended thereto. It must bear an indication of how far the copy extends.

3 The copy may be endorsed and have a declaration of guarantee added to it in the same manner and with the same effects as the original bill.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
X. Production of Multiple Duplicates and Copies of Bills of Exchange
2. Copies
b. Surrender of the original bill

Art. 1067

1 The custodian of the original bill must be indicated on the copy. The custodian is obliged to surrender the original bill to the rightful holder of the copy.

2 Where he refuses to surrender it, the holder has right of recourse against the endorsers of the copy and against persons who have appended a declaration of guarantee to it only after arranging for protest to be made, thereby confirming that the original bill was not surrendered to him on request.

3 Where the original bill bears the comment “henceforward endorsements valid only if made on copy” or a comment to that effect appended to the last endorsement before the copy was made, any subsequent endorsement added to the original bill is void.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XI. Amendments to the Bill of Exchange

Art. 1068

Where the text of a bill of exchange is amended, those persons who append their signature to the bill after such amendment are liable in accordance with the amended text. Those who signed earlier are liable in accordance with the original text.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XII. Prescription
1. Prescriptive periods

Art. 1069

1 The claims against the acceptor under the bill of exchange prescribe three years after the maturity date.

2 The claims of the holder against the endorser and against the drawer prescribe one year after the date on which timely protest was made or, where the bill bears the comment “No protest”, one year after the maturity date.

3 The claims of one endorser against other endorsers and against the drawer prescribe six months after the date on which the bill of exchange was honoured by the endorser or the claim based on the bill was asserted against him.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XII. Prescription
2. Interruption
a. Grounds

Art. 1070

The prescriptive period is interrupted by commencement of action on the bill, submission of an application for debt enforcement proceedings, service of a third-party notice or petition in insolvency.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XII. Prescription
2. Interruption
b. Effects

Art. 1071

1 The interruption of the prescriptive period is effective only against the party in regard to whom the fact causing the interruption occurred.

2 On interruption of the prescriptive period, a new prescriptive period of the same duration commences.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
1. Provisional measures

Art. 1072

1 A person who has lost a bill of exchange may request the court to prohibit the drawee from paying the bill.[822](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e40517) 

2 In serving the attachment order, the court authorises the drawee to deposit the bill amount on the maturity date and designates the place where it is to be deposited.

[822](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e40517) Amended by Annex No 5 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 ([AS **2000** 2355](eli/oc/2000/374/en);[BBl **1999** III 2829](eli/fga/1999/1%5F2829%5F2591%5F2427/en)).
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
2. Known holder

Art. 1073

1 Where the holder of the bill of exchange is known, the court sets the applicant an appropriate time limit within which to bring action for surrender thereof.

2 Where the applicant fails to bring such action within the time limit, the court lifts the attachment order imposed on the drawee.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
3. Unknown holder
a. Duties of the applicant

Art. 1074

1 Where the holder of the bill of exchange is known, the court may be asked to cancel it.

2 The party applying for cancellation must satisfy the court that he possessed and lost the bill of exchange and produce either a copy of the bill or information on its essential terms.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
3. Unknown holder
b. Public call for presentation

Art. 1075

Where the court is satisfied that the applicant was in possession of the bill of exchange but has since lost it, it issues a public notice calling on the unknown holder to come forward and present the bill within a specified time limit, failing which it will declare the bill cancelled.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
3. Unknown holder
c. Time limits

Art. 1076

1 The time limit for presentation must be at least three months and no more than one year.

2 However, the court is not bound by the minimum duration of three months if, in the case of overdue bills, the statutory prescriptive period would expire before three months have elapsed.

3 The time limit for overdue bills commences on the date of the first public notice, and the time limit for bills that are not overdue commences on the maturity date.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
3. Unknown holder
d. Publication

Art. 1077

1 The call for presentation of the bill of exchange must be published in the Swiss Official Gazette of Commerce.[823](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e40598) 

2 In special cases the court may adopt other appropriate means for publicising the call for presentation.

[823](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e40598) Amended by No I of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 ([AS **2020** 4005](eli/oc/2020/746/en); [**2022** 109](eli/oc/2022/109/en);[BBl **2017** 399](eli/fga/2017/112/en)).
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
4. Effect
a. If the bill is presented

Art. 1078

1 Where the lost bill of exchange is presented, the court sets the applicant a time limit within which to bring action for surrender of the bill.

2 Where the applicant fails to bring action within such time limit, the court returns the bill of exchange and lifts the attachment order.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
4. Effect
b. If the bill is not presented

Art. 1079

1 Where the lost bill of exchange is not presented within the fixed time limit, the court must pronounce its cancellation.

2 Following cancellation of the bill of exchange, the applicant may still assert his claim on the bill against the acceptor.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIII. Cancellation
5. Court orders

Art. 1080

1 Even before the cancellation, the court may order the acceptor to deposit the bill amount or even to pay it against security.

2 Such security is liable to the bona fide acquirer of the bill of exchange. It is released if the bill of exchange is cancelled or the claims on the bill are otherwise extinguished.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIV. General Provisions
1. Setting time limits
a. Holidays

Art. 1081

1 Where the maturity date of a bill of exchange falls on a Sunday or a public holiday, payment may not be demanded until the following working day. Likewise, all other actions relating to the bill of exchange, and in particular presentation for acceptance and protest, may take place only on a working day.

2 Where the last day of a time limit within which such an action must be taken falls on a Sunday or a public holiday[824](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e40679), the time limit is extended to include the next working day. Holidays falling within the time limit are included when computing it.

[824](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e40679) 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 Four: Bills and Notes
XIV. General Provisions
1. Setting time limits
b. Computing time limits

Art. 1082

When computing statutory time limits or time limits indicated on the bill of exchange, 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 Four: Bills and Notes
XIV. General Provisions
1. Setting time limits
c. Exclusion of days of respite

Art. 1083

Days of respite, whether statutory or by court order, are not recognised.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIV. General Provisions
2. Place for actions in connection with bills of exchange

Art. 1084

1 The correct place at which to present bills of exchange for acceptance or payment, to make protest, to submit a request for issue of a duplicate bill and to take all other bill-related actions in respect of a specific person is that person’s business premises or, where none exist, his private address.

2 Such business premises or address must be ascertained with all due diligence.

3 However, if inquiries to the police or post office of the relevant locality are unsuccessful, no further investigation is required.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XIV. General Provisions
3. Signature by hand; blind person’s signature

Art. 1085

1 Declarations in respect of bills of exchange must be signed by hand.

2 The signature by hand may not be replaced by a mechanical reproduction thereof, by a mark, even if authenticated, or by any other form of authentication by notary.

3 The signature of a blind person must be authenticated.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XV. Applicable Jurisdiction
1. Capacity to incur liability as a party to a bill

Art. 1086

1 A person's capacity to incur liability as a party to a bill is determined according to the law of the country of which he is a citizen. Where such law provides that the law of a different country is definitive, the latter is applicable.

2 A person who, under the law stipulated in the previous paragraph, lacks capacity to incur liability as a party to a bill is nonetheless obliged if he appends his signature in the territory of a country under whose law he would have such capacity.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XV. Applicable Jurisdiction
2. Form and time limits of declaration on bills of exchange
a. In general

Art. 1087

1 The form of a declaration on a bill of exchange is determined according to the law of the country in whose territory the declaration was signed.

2 However, where a declaration on a bill of exchange that is invalid under 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 declaration is not affected by any formal defects of the earlier declaration.

3 Similarly, a declaration on a bill of exchange given by one Swiss national abroad is valid in relation to another Swiss national in Switzerland provided 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 Four: Bills and Notes
XV. Applicable Jurisdiction
2. Form and time limits of declaration on bills of exchange
b. Actions to exercise and safeguard rights under bills of exchange

Art. 1088

The formal requirements and time limits for protest and the formal requirements for other actions to exercise or safeguard rights under bills of exchange are determined according to the law of the country in whose territory the protest is to be made or the action to be taken.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XV. Applicable Jurisdiction
2. Form and time limits of declaration on bills of exchange
c. Exercise of right of recourse

Art. 1089

The time limits for exercising rights of recourse are determined for all interested parties by the law of the place in which the bill of exchange was drawn.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XV. Applicable Jurisdiction
3. Effect of declarations on bills of exchange
a. In general

Art. 1090

1 The effects of declarations of commitment made by the acceptor of a bill of exchange and by the maker of a promissory note are determined according to the law of the bill domicile or place of payment.

2 The effects of other declarations on bills of exchange are determined according to the law of the country in whose territory the declarations were signed.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XV. Applicable Jurisdiction
3. Effect of declarations on bills of exchange
b. Partial acceptance and part payment

Art. 1091

The law of the bill domicile determines whether the acceptance of a bill of exchange may be limited to part of the bill amount and whether the holder is or is not obliged to accept a part payment.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XV. Applicable Jurisdiction
3. Effect of declarations on bills of exchange
c. Payment

Art. 1092

The payment of a bill of exchange at maturity, in particular the computation of the maturity date and the payment date, and the payment of bills denominated in a foreign currency are determined according to the law of the country in whose territory the bill is domiciled.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
XV. Applicable Jurisdiction
3. Effect of declarations on bills of exchange
d. Claims for unjust enrichment

Art. 1093

Claims for unjust enrichment against the drawee, the domiciliate and the person or firm for whose account the drawer drew the bill are determined according to the law of the country in whose territory these persons are resident.