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
XV. Applicable Jurisdiction
3. Effect of declarations on bills of exchange
e. Devolution of cover

Art. 1094

The law of the place of issue determines whether the holder of a bill of exchange acquires the underlying claim.
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
f. Annulment

Art. 1095

The law of the bill domicile determines the measures to be taken in the event of the loss or theft of a bill of exchange.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
C. The Promissory Note
1. Requirements

Art. 1096

A promissory note contains:

1.

 the designation ‘promissory note’ in the text of the instrument and in the language in which it is issued;

2.

 the unconditional promise to pay a certain sum of money;

3.

the due date;

4.

the place of payment;

5.

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

7.

 the date on which and place at which the note is made;

8.

the maker’s signature.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
C. The Promissory Note
2. Required content lacking

Art. 1097

1 An instrument missing one of the elements stipulated in the previous Article is not deemed a promissory note, except in the cases described in the following paragraphs.

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

3 Where no other specific place is mentioned, the place at which the note is made is deemed both the place of payment and the domicile of the maker.

4 A promissory note without any indication of the place in which it was made is deemed made at the place indicated together with the name of the maker.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
C. The Promissory Note
3. Reference to bill of exchange

Art. 1098

1 The provisions governing the following aspects of bills of exchange also apply to promissory notes, unless they run counter to the essential nature of the latter:

 endorsement (Art. 1001–1010);

maturity (Art. 1023–1027);

payment (Art. 1028–1032);

 recourse for non-payment (Art. 1033–1047, 1049–1051);

 payment for honour (Art. 1054, 1058–1062);

copies (Art. 1066 and 1067);

amendments (Art. 1068);

 prescription (Art. 1069–1071);

annulment (Art. 1072–1080);

 public holidays, computation of time limits, exclusion of days of respite, place for actions in connection with bills of exchange, and signatures (Art. 1081–1085).

2 Further, promissory notes are subject to the provisions governing bills of exchange in relation to bills domiciled with a third party or at a place other than the drawee’s domicile (Art. 994 and 1017), the interest rate comment (Art. 995), discrepancies in the specification of the amount (Art. 996), the consequences of invalid signatures (Art. 997) or of signatures by persons lacking power of representation or exceeding such power (Art. 998), and blank bills (Art. 1000).

3 Likewise, promissory notes are subject to the provisions governing bills of exchange in relation to bill guarantees (Art. 1020–1022); in the case of Article 1021 paragraph 4, where the declaration does not indicate the party for whom it is made, the bill guarantee is deemed given for the maker of the promissory note.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
C. The Promissory Note
4. Liability of the maker; presentation for sight

Art. 1099

1 The maker of a promissory note is liable in the same manner as the acceptor of a bill of exchange.

2 Promissory notes made out for a specified time after sight must be presented for sight to the maker within the time limits stipulated in Article 1013\. Such sight must be confirmed by the maker on the promissory note together with the date and the maker’s signature. The fixed period after sight commences on the date on which the sight comment is appended. Where the maker refuses to confirm sight and the date, this fact must be established by means of protest (Art. 1015); in this case, the fixed period after sight commences on the date on which protest is made.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
I. Issue and Formal Requirements of Cheques
1. Requirements

Art. 1100

A cheque contains:

1.

 the designation ‘cheque’ 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 place of payment;

5.

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 Five: The Cheque
I. Issue and Formal Requirements of Cheques
2. Required content lacking

Art. 1101

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

2 Where no other specific place is mentioned, the place indicated together with the name of the drawee is deemed the place of payment. Where several places are indicated together with the name of the drawee, the cheque is payable at the place mentioned first.

3 A cheque containing no indication of place of issue is deemed payable at the place where the drawee has its principal place of business.

4 A cheque containing no indication of the place of issue is deemed issued at the place indicated together with the name of the issuer.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
I. Issue and Formal Requirements of Cheques
3. Capacity to act as drawee

Art. 1102

1 On cheques payable in Switzerland, only a banker may be designated as the drawee.

2 A cheque drawn on another person is deemed to be merely an instrument ordering payment.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
I. Issue and Formal Requirements of Cheques
4. Cover requirement

Art. 1103

1 A cheque may be issued only where the drawer holds assets with the drawee and has the right to dispose of such assets by means of cheques pursuant to an explicit or tacit agreement. However, the instrument’s validity as a cheque is not affected by any failure to comply with these provisions.

2 Where the drawer has assets with the drawee covering only a portion of the cheque amount, the drawee is obliged to pay such portion.

3 A person issuing a cheque without being authorised by the drawee to dispose of the instructed amount must reimburse the bearer for any damage so caused and, in addition, five per cent of the uncovered portion of the instructed amount.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
I. Issue and Formal Requirements of Cheques
5. Exclusion of acceptance

Art. 1104

The cheque may not be accepted. An acceptance comment appended to the cheque is deemed unwritten.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
I. Issue and Formal Requirements of Cheques
6. Designation of payee

Art. 1105

1 The cheque may be made payable to:

 a specific person, with or without the explicit comment “to order”;

 a specific person, with the comment “not to order” or a comment to that effect;

the bearer.

2 Where the cheque designates a specific person as payee with the added comment “or presenter” or a comment to that effect, the cheque is deemed made out to the bearer.

3 A cheque with no payee indicated is deemed payable to the bearer.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
I. Issue and Formal Requirements of Cheques
7. Interest comment

Art. 1106

An interest comment appended to the cheque is deemed unwritten.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
I. Issue and Formal Requirements of Cheques
8. Paying agents, domiciled cheques

Art. 1107

The cheque may be made payable by a third party, at the drawee’s domicile or at another place, providing the third party is a banker.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
II. Transfer
1. Transferability

Art. 1108

1 A cheque made payable to a specific person with or without the explicit comment “to order” may be transferred by endorsement.

2 A cheque made payable to a specific person with or without the explicit comment “not to order” or with a comment to that effect 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 drawer or to any other party liable for it. Such persons may endorse the cheque further.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
II. Transfer
2. Requirements

Art. 1109

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

2 A partial endorsement is void.

3 Likewise, an endorsement by the drawee is void.

4 An endorsement to the bearer is deemed a blank endorsement.

5 An endorsement to the drawee is deemed merely a receipt, unless the drawee has several branch offices and the endorsement is made out to a different office from that on which the cheque is drawn.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
II. Transfer
3. Proof of bearer’s entitlement

Art. 1110

A person possessing a cheque transferred by endorsement is deemed 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.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
II. Transfer
4. Bearer cheque

Art. 1111

An endorsement on a bearer cheque renders the endorser liable in accordance with the provisions governing recourse, albeit without transforming the instrument into a cheque to order.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
II. Transfer
5. Lost cheques

Art. 1112

Where the cheque was somehow lost by a former bearer, a new bearer who has gained possession of the cheque, whether it is a bearer cheque or a cheque transferable by endorsement and the bearer can demonstrate his entitlement in accordance with Article 1110, is obliged to surrender it only if he acquired it 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 Five: The Cheque
II. Transfer
6. Rights stemming from subsequent endorsement

Art. 1113

1 Where the cheque was endorsed only after protest has been made or equivalent action taken or after expiry of the time limit for presentation, 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 cheque before protest was made or equivalent action taken or before the time limit for presentation expired.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
III. Cheque Guarantees

Art. 1114

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

2 Such security may be provided by a third party, with exception of the drawee, or even by a person whose signature has already been appended to the cheque.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
1. Maturity

Art. 1115

1 The cheque is payable on sight. Any contrary indication is deemed unwritten.

2 A cheque presented for payment prior to the issue date indicated on the cheque is payable on the date on which it is presented.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
2. Presentation for payment

Art. 1116

1 A cheque payable in the country in which it was issued must be presented for payment within eight days.

2 A cheque payable in a country other than the country in which it was issued must be presented within 20 days where the place of issue and place of payment are in the same continent and within 70 days where they are on different continents.

3 For this purpose, a cheque issued in a European country and payable in a country on the Mediterranean Sea, or vice versa, counts as a cheque issued and payable in the same continent.

4 The time limits stipulated above commence on the date indicated on the cheque as the issue date.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
3. Computation by the old method

Art. 1117

Where a cheque is payable at a place where the calendar is different from that of the place of issue, the issue date is determined according to the calendar of the place of payment.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
4. Delivery to clearing house

Art. 1118

Delivery of the cheque to a clearing house recognised by the Swiss National Bank is equivalent to presentation for payment.[825](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e41229) 

[825](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41229) 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)).
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
5. Revocation
a. In general

Art. 1119

1 A revocation of the cheque takes effect only after expiry of the time limit for presentation.

2 Where the cheque is not revoked, the drawee may make payment even after expiry of the time limit for presentation.

3 Where the drawer contends that he or a third party lost the cheque, he may forbid the drawee to cash it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
5. Revocation
b. Death, incapacity, bankruptcy

Art. 1120

The validity of the cheque is unaffected even where the drawer dies, loses his capacity to act or becomes bankrupt after the cheque was issued.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
6. Verification of endorsements

Art. 1121

A drawee honouring a cheque transferred by endorsement is obliged to check that the sequence of endorsements is correct but is not required to verify the signatures of the endorsers.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
IV. Presentation and Payment
7. Payment in foreign currency

Art. 1122

1 Where the cheque is denominated in a currency other than that of the place of payment, the cheque amount may be paid in the national currency at its value as at the date of presentation. Where payment is not made on presentation, the bearer is free to choose whether the cheque amount is converted into the national currency at the rate applicable on the date of presentation or the rate applicable on the payment date.

2 The value of the foreign currency is determined according to customary commercial practice at the place of payment. However, the drawer may stipulate an exchange rate for the bill amount on the bill of exchange.

3 The provisions of the two previous paragraphs are not applicable if the drawer has stipulated payment in a specified currency (actual currency clause).

4 Where the cheque is denominated in a currency which has the same name but a different value in the country in which the cheque was issued and that in which it is payable, the presumption is that the currency meant is that of the place of payment.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
V. The Crossed Cheque and the Account-Payee-Only Cheque
1. Crossed cheques
a. Definition

Art. 1123

1 The drawer and any bearer may cross the cheque with the effects envisaged in Article 1124.

2 A cheque is crossed by drawing two parallel lines on its obverse. Such crossing may be general or specific.

3 The crossing is general if no indication or the comment “banker” or a comment to that effect is inserted between the two lines; it is specific if the name of a banker is inserted between the two lines.

4 A general crossing may be converted into a specific crossing, but not vice versa.

5 Any deletion of the crossing or of the name of the designated banker is deemed not done.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
V. The Crossed Cheque and the Account-Payee-Only Cheque
1. Crossed cheques
b. Effects

Art. 1124

1 A generally crossed cheque may be paid by the drawee only to a banker or a client of the drawee.

2 A specifically crossed cheque may be paid by the drawee only to the designated banker or, where the latter is himself the drawee, to his clients. However, the designated banker may entrust collection of the cheque to another banker.

3 A banker may acquire a crossed cheque only from one of his clients or from another banker. Further, he may collect such cheque only for the account of the aforementioned persons.

4 Where a cheque has been specifically crossed more than once, the drawee may honour the cheque only where it has been crossed not more than twice and one of the crossings was done for the purpose of collection by means of delivery to a clearing house.

5 A drawee or banker acting in contravention of the above provisions is liable for any losses caused thereby, albeit only up to the cheque amount.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
V. The Crossed Cheque and the Account-Payee-Only Cheque
2. Account-payee-only cheques
a. In general

Art. 1125

1 The drawer and any bearer of a cheque may prohibit payment of the cheque in cash by appending the comment “account payee only” or a comment to that effect diagonally across the obverse of the cheque.

2 In this case the drawee may honour the cheque only by crediting the amount to an account (credit, transfer, debit settlement). The account credit is deemed payment.

3 Any deletion of the comment “account payee only” is deemed not to have been done.

4 A drawee acting in contravention of the above provisions is liable for any losses caused thereby, albeit only up to the cheque amount.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Five: The Cheque
V. The Crossed Cheque and the Account-Payee-Only Cheque
2. Account-payee-only cheques
b. Bearer’s rights in the event of insolvency, suspension of payments, compulsory execution

Art. 1126

1 However, where the drawee has been declared insolvent or has suspended its payments or debt enforcement proceedings have been brought against it without success, the bearer of an account-payee-only cheque has the right to demand cash payment of the cheque by the drawee and has a right of recourse.

2 The same applies in the event that the bearer cannot obtain the account credit from the drawee as a result of measures taken pursuant to the Federal Act of 8 November 1934 on Banks and Savings Banks[826](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e41382).

[826](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e41382) [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
V. The Crossed Cheque and the Account-Payee-Only Cheque
2. Account-payee-only cheques
c. Bearer’s rights in the event of refusal of account credit or settlement

Art. 1127

Further, the bearer of an account-payee-only cheque has a right of recourse where he can show that the drawee has refused to make the account credit unconditionally or that the cheque has been declared unfit for settlement of the bearer’s obligations by the clearing house of the place of payment.
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
1. Bearer’s rights of recourse

Art. 1128

The bearer may have recourse against the endorser, the drawer and the other parties liable for the cheque if it is not honoured on timely presentation and such refusal of payment has been established:

1.

by public deed (protest), or

2.

 by means of a written and dated declaration made by the drawee on the cheque, including the date of presentation, or

3.

 by means of a written and dated declaration made by a clearing house to the effect that the cheque was delivered in good time and not paid.
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
2. Protest, time limits

Art. 1129

1 The protest or equivalent declaration must be made before the time limit for presentation expires.

2 Where the cheque is presented on the last day of the time limit, the protest or equivalent declaration may still be made on the following working day.
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
3. Object of recourse

Art. 1130

By way of recourse, the bearer may claim:

1.

 the cheque amount, provided the cheque has not been honoured;

2.

 interest at a rate of six per cent since the date of presentation;

3.

 the costs of the protest or equivalent declaration and of notifications, plus other expenses;

4.

 a commission of not more than one-third of one per cent.