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
VI. Payment
2. Right to receipt, part payment

Art. 1029

1 The drawee may require the holder to surrender the receipted bill of exchange against payment.

2 The holder may not refuse part payment.

3 Where a part payment is made, the drawee may insist that it be noted on the bill of exchange and that a receipt be issued for it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VI. Payment
3. Payment before and at maturity

Art. 1030

1 The holder of the bill of exchange is not obliged to accept payment before maturity.

2 The drawee pays before maturity at his own risk.

3 A person paying at maturity is released from his obligations provided he is not guilty of malice or gross negligence. He 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 Four: Bills and Notes
VI. Payment
4. Payment in foreign currency

Art. 1031

1 Where the bill of exchange is denominated in a currency other than that of the bill domicile, the bill amount may be paid in the national currency at its value as at the maturity date. Where the obligor delays in making the payment, the holder is free to choose whether the bill amount is converted into the national currency at the rate that applies on the maturity date or the rate that applies on the payment date.

2 The value of the foreign currency is determined according to customary commercial practice at the bill domicile. 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 do not apply if the drawer has stipulated payment in a specified currency (actual currency clause).

4 Where the bill of exchange is denominated in a currency which has the same name but a different value in the country in which the bill was drawn and that in which it is payable, the presumption is that the currency meant is that of the bill domicile.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VI. Payment
5. Deposit

Art. 1032

Where the bill of exchange is not presented for payment within the time limit laid down in Article 1028, the obligor may deposit the bill amount with the competent authority at the risk and expense of the holder.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
1. Recourse of the holder

Art. 1033821

1 In the event of non-payment of a bill at maturity, the holder has right of recourse against the endorser, the drawer and the other parties liable on the bill.

2 The holder has the same right even before maturity:

1.

 where acceptance has been refused in part or in full;

2.

 where the assets of the drawee are subject to insolvency proceedings, regardless of whether he has accepted the bill or not, or where only payments by the drawee have been suspended, or where compulsory execution has been levied on his assets without success;

3.

 where the assets of the drawer of a bill of exchange whose presentation for acceptance is prohibited are subject to insolvency proceedings.

[821](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e39836) This Art. consists of a single paragraph in the French and Italian texts.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
a. Time limits and requirements

Art. 1034

1 Any refusal of acceptance or of payment must be declared by public deed (protest for non-acceptance or for non-payment).

2 Protest for non-acceptance must be made within the time limit applicable for presentation for acceptance. Where, in the case of Article 1014 paragraph 1, the bill of exchange was presented for the first time on the last day of the time limit, protest may still be made on the following day.

3 In the case of bills of exchange payable on a specific day or for a certain time after they were drawn or after sight, protest for non-payment must be made on one of the two working days following the payment date. Protest for non-payment of sight bills must be made within the same time limits for protest for non-acceptance as envisaged in the previous paragraph.

4 Where protest for non-acceptance has been made, neither presentation for payment nor protest for non-payment is required.

5 Where the drawee has suspended his payments, regardless of whether he has accepted the bill of exchange or not, or compulsory execution has been levied on his assets without success, the holder may have recourse only once the bill has been presented to the drawee for payment and protest has been made.

6 Where the assets of the drawee, regardless of whether he has accepted the bill of exchange or not, or the assets of the drawer of a bill of exchange whose presentation for acceptance is prohibited are subject to insolvency proceedings, presentation of the court order commencing such proceedings is sufficient to exercise the right of recourse.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
b. Responsibility

Art. 1035

Such protest must be made by a specially authorised notary or official body.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
c. Content

Art. 1036

1 The protest contains:

1.

 the name of the person or of the business for whom and against whom the protest is made;

2.

 a statement that a request was made without success to the person or company against whom the protest is made to perform his or its obligation under the bill of exchange or that such person or company could not be reached or that their business premises or address could not be traced;

3.

 an indication of the place at which and date on which the request was made or attempted without success;

4.

 the signature of the person or official body making the protest.

2 Where a part payment is made, this must be noted in the protest.

3 If the drawee to whom the bill of exchange has been presented for acceptance insists that it be presented again on the following day, this must also be noted in the protest.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
d. Form

Art. 1037

1 The protest is made on a separate sheet attached to the bill of exchange.

2 Where the protest involves the presentation of several duplicates of the same bill of exchange or presentation of the original instrument and a copy of it, it is sufficient if the protest is attached to one of the duplicates or to the original bill.

3 A note to the effect that the protest is attached to one of the duplicates or to the original instrument must be made on the remaining duplicates or the copy.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
e. For partial acceptance

Art. 1038

Where the bill of exchange is accepted for only part of the bill amount and protest is made for that reason, a copy must be made of the bill of exchange and the protest made on such copy.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
f. Against several persons

Art. 1039

Where performance of a bill obligation is required of several liable parties, only one instrument is required for the protests involved.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
g. Copy of the protest document

Art. 1040

1 The notary or official body making the protest must make a copy of the protest document.

2 The following must be indicated on this copy:

1.

the amount of the bill of exchange;

2.

the maturity date;

3.

 the place at which and date on which it was drawn;

4.

 the drawer of the bill of exchange, the drawee and the name of the person or company to whose the order the payment is to be made;

5.

 the name of the person or company through which the payment is to be made, where this is different from the drawee;

6.

 the emergency contact details and acceptors for honour.

3 Copies of protest documents must be archived in chronological order by the notary or official body making the protest.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
2. Protest
h. Defective protest

Art. 1041

A protest signed by the competent notary or official body is valid even if not made in accordance with the regulations or if the information it contains is inaccurate.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
3. Notification

Art. 1042

1 The holder must notify the immediately preceding endorser and the drawer of the lack of acceptance or payment within four working days of the date on which the protest was made or, in the case of the comment “No protest”, within four working days of the date of presentation. Within two working days of receipt of such notification, every endorser must pass on the news received to the immediately preceding endorser and give him the names and addresses of the persons from whom he received it, and so on in sequence until the drawer. All time limits run as of receipt of the previous notification.

2 Where notification is made pursuant to the previous paragraph to a person whose signature is appended to the bill of exchange, the same notification must be made within the same time limit to his bill guarantor.

3 Where an endorser has omitted to give his address or has written it illegibly, it is sufficient if his immediately preceding endorser is notified.

4 The notification may be made in any form, including the mere return of the bill of exchange.

5 Persons under a duty to notify must show that they complied with it within the prescribed time limit. The time limit is deemed observed where a letter containing such notification was posted within the time limit.

6 A person who fails to notify in good time does not forfeit his right of recourse; he is liable for any losses arising from his failure to notify, but only up to the bill amount.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
4. Waiver of protest

Art. 1043

1 By appending and signing the comment “No protest” or words to the same effect on the bill of exchange, the drawer and any endorser or bill guarantor may release the holder from his obligation to arrange protest for non-acceptance or non-payment in order to exercise his right of recourse.

2 The comment does not release the holder from the obligation to present the bill of exchange in good time and to make the requisite notification. The burden of proving that the time limit was not observed lies with any party relying on such point against the holder.

3 Where the comment was appended by the drawer, it is effective as against all parties liable on the bill; where it was appended by an endorser or a bill guarantor, it is effective only as against them. If the holder arranges for protest to be made in spite of the comment appended by the drawer, he must bear the costs. Where the comment was appended by an endorser or a bill guarantor, all parties liable on the bill must bear the costs of any protest made in spite of it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
5. Joint and several liability of the parties

Art. 1044

1 All parties who have drawn, accepted, endorsed or guaranteed a bill of exchange are liable as co-obligors towards the holder.

2 The holder may resort to any of them individually, severally or all together without being bound by the order in which they assumed their obligations.

3 The same right accrues to every party who has honoured the bill of exchange.

4 In asserting his claim against one party liable on a bill, the holder does not surrender his rights against the others or against the endorsers subsequent to such party.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
6. Nature of recourse
a. By the holder

Art. 1045

1 By way of recourse the holder may claim:

1.

 the bill amount, provided the bill has not been accepted or honoured, with any agreed interest;

2.

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

3.

 the costs of the protest and notifications and any other expenses;

4.

 a commission of no more than one-third of one per cent.

2 Where recourse is had before maturity, interest is deducted from the bill amount. Such interest is calculated on the basis of the official (Swiss National Bank) discount rate obtaining at the domicile of the holder on the date on which recourse is had.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
6. Nature of recourse
b. By the party honouring the bill

Art. 1046

A party that has honoured the bill of exchange may claim from his preceding endorsers:

1.

the full amount he paid;

2.

 the interest on such amount at a rate of six per cent since the date on which the bill was honoured;

3.

his expenses;

4.

 a commission of no more than 2 thousandths.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
6. Nature of recourse
c. Right to take possession of bill, protest and receipt

Art. 1047

1 Any party liable on a bill against whom a recourse claim is or may be made is entitled to insist that the bill of exchange together with the protest and a receipted invoice be handed over to him against payment of the recourse amount.

2 Any endorser who has honoured the bill may delete his endorsement and those of the subsequent endorsers.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
6. Nature of recourse
d. In respect of partial acceptance

Art. 1048

Where recourse is had following a partial acceptance, the party paying the unaccepted portion of the bill amount may insist that this be noted on the bill of exchange and a receipt for such portion be issued to him. Further, the holder must provide him with an authenticated copy of the bill of exchange and the protest to make further recourse possible.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
6. Nature of recourse
e. Re-exchange bill

Art. 1049

1 A party with right of recourse may, where no comment to the contrary exists, exercise such right by drawing a new bill of exchange (re-exchange bill) on one of his preceding endorsers which is payable on sight at the place of residence of the preceding endorser.

2 In addition to the amounts specified in Articles 1045 and 1046, the re-exchange bill includes the brokerage fee and the stamp duty for the re-exchange bill.

3 Where the re-exchange bill is drawn by the holder, the bill amount is dependent on the rate applicable to a sight bill drawn from the bill domicile of the original bill of exchange at the domicile of the preceding endorser. Where the re-exchange bill is drawn by an endorser, the bill amount is dependent on the rate applicable to a sight bill drawn from the domicile of the drawer of the re-exchange bill at the domicile of the preceding endorser.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
7. Invalidation
a. In general

Art. 1050

1 In the event that the holder fails to comply with the time limits

 for presentation of a sight bill or an after-sight bill,

 for protest for non-acceptance or for non-payment,

 for presentation for payment of bills bearing the comment “No protest”,

 he forfeits his rights against the endorser, the drawer and all other parties liable on the bill, with the exception of the acceptor.

2 In the event that the holder fails to comply with the time limit for presentation for acceptance prescribed by the drawer, he forfeits his right of recourse for non-acceptance and for non-payment, unless the wording of the comment shows that the drawer intended to exclude only liability for acceptance.

3 Where the time limit for presentation is indicated in an endorsement, only the endorser may rely on it.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
7. Invalidation
b. Force majeure

Art. 1051

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

2 The holder 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 bill of exchange 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 bill for acceptance or for payment without delay and, where necessary, make protest.

4 In the event that the force majeure lasts for longer than 30 days after maturity, recourse may be had without need for presentation or protest.

5 In the case of sight bills or after-sight bills, the thirty-day time limit commences on the date on which the holder notified the immediately preceding endorser of the force majeure event; such notification may be made even before expiry of the time limit for presentation. In the case of after-sight bills, the thirty-day time limit is extended by the fixed period after sight indicated on the bill of exchange.

6 Facts pertaining purely to the person of the holder or a person charged with the task of presenting the bill of exchange or making protest do not count as force majeure events.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VII. Recourse in the event of Non-Acceptance and Non‑Payment
7. Invalidation
c. Unjust enrichment

Art. 1052

1 To the extent that the drawer of a bill of exchange and the acceptor are unjustly enriched to the detriment of the holder, they remain obliged to the holder even where their bill liability has prescribed or extinguished on account of failure to take the actions required by law to sustain the entitlement under the bill of exchange.

2 The claim for unjust enrichment also exists against the drawee, the domiciliate and the person or company for whose account the drawer issued the bill.

3 By contrast, no such claim exists against the endorsers whose bill liability is extinguished.
Division Five:801 Negotiable Securities
Title Thirty-Three: Registered Securities, Bearer Securities and Instruments to Order
Section Four: Bills and Notes
VIII. Devolution of Cover

Art. 1053

1 Where the drawer of a bill of exchange has been declared insolvent, any claim he holds under civil law against the drawee for restitution of cover or reimbursement of amounts paid devolves on the holder of the bill.

2 Where the drawer declares on the bill of exchange that he assigns his claims in respect of the cover provided, these devolve on the current holder of the bill.

3 Once the declaration of insolvency has been published or the assignment has been notified to him, the drawee may make payment only to the duly established holder against surrender of 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
IX. Act of Honour
1. General provisions

Art. 1054

1 The drawer and any endorser or bill guarantor may indicate a person to act as acceptor or payer in case of need.

2 Subject to the conditions set out below, the bill of exchange may be accepted or paid for honour by any party liable on it against whom recourse may be had.

3 Any third party, even the drawee, and any party already liable on the bill, with the exception of the acceptor, may accept or pay a bill of exchange for honour.

4 A person accepting or paying a bill for honour is obliged to notify the liable party for whom he is intervening of his action within two working days. Should he fail to do so, he is liable for any losses caused by the omission, albeit only up to the bill amount.
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
a. Requirements, position of the holder

Art. 1055

1 Acceptance for honour is permitted in all cases in which the holder has a right of recourse before maturity, except where presentation of the bill for acceptance is prohibited.

2 Where the bill of exchange indicates a person to act as acceptor or payer at the bill domicile in case of need, the holder has a right of recourse before maturity against the person who appended such emergency address and against subsequent endorsers only if he has presented the bill to the person indicated under such address and, in the event that acceptance for honour is refused, has had such refusal noted by means of protest.

3 In all other cases the holder may refuse acceptance for honour. However, if he admits it, he forfeits his right of recourse before maturity against the person in whose honour acceptance was declared and against subsequent endorsers.