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Code
applies
Unconditional
order
two Involves
three
parties
parties
Maker primarily Drawer
liable
Only
presentment
secondarily liable
one Generally,
two
(or presentments:
payment)
acceptance
and
for payment
Bill of Exchange Vs. Check
Bill of Exchange
Check
Not drawn on a It is necessary
deposit. It is not that
check
is
on
funds
in
hand
of
the
drawee.
Death
of
the Death
of
the
of
revokes
the the
banker
to
banker to pay.
pay.
May
be Must
be
presented
for
for presented
its
time reasonable
time
negotiation.
Are the following commercial
papers negotiable instruments?
1. Cross Check usually negotiable
as it normally complies with the
requirements under Sec. 1, NIL,
but issued for a special purpose
and can be negotiated only once.
apply.
It only
applies
Can
analogy.
be Can
transferred
by transferred
by
be
only
negotiation or by by assignment.
assignment.
A transferee of a A transferee of a
negotiable
instrument
non-negotiable
can instrument
can
due
course
NIL
are
complied with.
A holder in due All
defenses
free raised
against
defences the
last
directly
the
pays
from
particular
fund
indicated.
Particular
fund Particular
fund
payment
reimbursement
Is a promissory note wherein the
maker promises to pay as soon
as his means permit him to do so
negotiable?
No. The phrase as soon as his
means permit him to do so
renders the promise conditional,
although under the Civil Code, it
may be considered as an
obligation with a period.
C.
c)
d)
e)
f)
2. On or before a fixed or
determinable
future
time
specified therein; (Ex. Payable
on or before January 1, 2016)
3. On or at a fixed period after
the occurrence of a specified
event which is certain to
happen, though the time of
happening be uncertain (Ex.
Payable within 5 days from
death of Mr. X).
c) Acceleration Clauses the
negotiability of the instrument is
not affected even if it is to be paid
by statement installments, with a
provision that, upon default in
payment of any installment or of
interest, the whole shall become
due.
d) Insecurity Clauses provisions
on the contract which allow the
holder to accelerate payment if
he deems himself insecure. The
instrument is rendered nonnegotiable.
e) Extension
Clauses
an
instrument is payable at a
definite time if by its terms it is
payable at a definite time subject
to extension at the option of the
holder, or to extension to a
further definite time at the option
of the maker or acceptor or
automatically upon or after a
specified act or event.
E. Payable to Order or Bearer
2.
3.
4.
5.