Title 7

The cheque contains:

The instrument in which any of the particulars indicated in the preceding article is missing, is not valid as a cheque, except in the cases mentioned…

The cheque must be drawn on a banker who holds funds at the disposal of the drawer, and pursuant to an express or implied agreement under which the…

The cheque cannot be accepted. A statement of acceptance placed on the cheque is deemed unwritten.

The cheque may be made payable:

The cheque may be drawn to the order of the drawer.

When the drawer has placed on the cheque the statement "value for collection", "for collection", "by mandate" or any other statement entailing a mere…

An interest clause included in the cheque shall be deemed unwritten.

The cheque may be payable at the place of residence of a third party, either in the place where the drawee has his domicile, or in another place.

The cheque, the amount of which is written out in full in words and also in figures, is valid, in the event of a discrepancy, for the sum written out…

If the cheque contains signatures of persons who are incapable of binding themselves by means of a cheque, forged signatures or signatures of…

Any person who places his signature on a cheque as a representative of a person for whom he had no authority to act, is himself bound by virtue of…

The drawer guarantees the payment. Any clause by which he excludes this obligation is deemed unwritten.

If a cheque, incomplete at the time of issue, has been completed contrary to the agreements entered into, the non-compliance with those agreements…

The drawer, or the person for whose account the cheque is drawn, is obliged to ensure that the necessary funds for payment are in the hands of the…

The drawee is deemed to have the necessary funds in hand if, upon presentation of the cheque, he owes to the drawer or to the person for whose…

The cheque, which is made payable to a specified person with or without the express clause: "to order", may be transferred by means of endorsement.

The endorsement must be unconditional. Any condition contained therein is deemed unwritten.

The endorsement must be written on the cheque or on an attached sheet (allonge). It must be signed by the endorser.

By the endorsement, all rights arising from the cheque are transferred.

Unless otherwise stipulated, the endorser guarantees payment.

He who has in his possession a cheque transferable by endorsement is deemed to be the lawful holder, if he establishes his right through an…

An endorsement appearing on a cheque to bearer renders the endorser liable in accordance with the provisions concerning the right of recourse; it…

If a person, in whatever manner, has lost possession of the cheque, the holder, in whose hands the cheque is, is not obliged to surrender the cheque…

Those who are sued by virtue of the cheque cannot invoke against the holder defences based on their personal relations with the drawer or with…

When the endorsement contains the statement: "value for collection", "for collection", "in mandate" or any other statement entailing a mere…

The endorsement, placed on the cheque after the protest or the declaration equivalent thereto, or after the expiration of the time limit for…

The payment of the cheque may be secured, both for its entire amount and for a part thereof, by a suretyship (aval).

The aval is written on the cheque or on an allonge.

The avalist is bound in the same manner as the person for whom the aval is given.

The cheque is payable at sight. Any stipulation to the contrary is deemed unwritten.

The cheque, which is issued and payable in the same country, must be presented for payment within the period of eight days. If, however, it appears…

The day of issue of a cheque drawn between two places with different calendars is converted to the corresponding day of the calendar of the place of…

Presentment to a clearing house is equivalent to presentment for payment.

The revocation of the cheque is effective only after the expiration of the time limit for presentment.

Neither the death of the drawer nor his incapacity arising after the issue affects the consequences of the cheque.

Except in the case mentioned in Article 227a, the drawee paying the cheque may demand that it be surrendered to him, provided with a proper receipt…

The drawee who pays a cheque transferable by endorsement is bound to examine the regularity of the series of endorsements, but not the signature of…

A cheque, the payment of which is stipulated in a currency other than that of the place of payment, may be paid within the time limit for presentment…

The drawer or the holder of a cheque may cross it with the consequences mentioned in the following article.

A cheque with a general crossing may only be paid by the drawee to a banker or to a client of the drawee.

The drawer, as well as the holder of a cheque, may prohibit it from being paid in cash by stating diagonally on the face: "to be credited to…

The holder may exercise his right of recourse against the endorsers, the drawer and the other parties liable on the cheque, if the cheque, presented…

If the non-payment of the cheque is established by protest or a declaration equivalent thereto, the drawer is nevertheless, even if the protest were…

The protest or the declaration equivalent thereto must be made before the end of the period for presentation.

The payment of a cheque must be demanded and the subsequent protest made at the domicile of the drawee.

The protest for non-payment is made by a bailiff. He may, if he so chooses, be accompanied by one or two witnesses.

The bailiffs are obliged, on pain of damages, to leave a copy of the protest, and to make mention thereof in the copy, and to register the same, in…

The holder must give notice of the non-payment to his endorser and to the drawer within the four working days following the day of the protest or the…

The drawer, an endorser or an avalist may, by the clause "without costs", "without protest", or another similar clause placed and signed on the…

All those who are bound by virtue of a cheque are jointly and severally bound to the holder. Furthermore, the third party for whose account the…

The holder of a cheque, the non-payment of which has been established by protest or a declaration equivalent thereto, shall in no event have any…

The holder may claim from the person against whom he exercises his right of recourse:

He who, in satisfaction of his recourse obligation, has paid the cheque, may claim from those who are liable for recourse towards him:

Every cheque debtor against whom the right of recourse is or may be exercised, may, against payment in satisfaction of his recourse obligation…

If the presentment of the cheque, the drawing up of the protest, or the equivalent declaration, within the prescribed time limits is prevented by an…

Save for cheques to bearer, any cheque, issued in one country and payable in another country or in an overseas territory of the same country and vice…

The payment made on one of the copies discharges, even if it were not stipulated that such payment annuls the force of the other copies.

The person who has lost the cheque of which he was the holder may, with due observance of Article 49, paragraph 3, of Book 6 of the Civil Code…

The person who has lost a cheque of which he was the holder, and which is due and, where necessary, protested, may, with due observance of Article…

In the event of an alteration of the text of a cheque, those who have placed their signatures on the cheque thereafter are bound according to the…

Subject to the provisions of the following article, a debt arising from a cheque is extinguished by all means of discharge of debt specified in the…

The claims for recourse of the holder against the endorsers, the drawer and the other cheque debtors are prescribed by a lapse of six months…

The interruption of prescription is only effective against the person in respect of whom the act of interruption has taken place.

Equated with bankers referred to in the preceding Sections of this Title are all persons or institutions that, in the course of their business…

The presentment and the protest of a cheque cannot take place other than on a working day.

Considered as statutory public holidays within the meaning of this Section are Sunday, New Year's Day, the Christian second Easter and Pentecost…

In the periods provided for in the preceding Sections of this Title, the day on which these periods begin to run is not included.

No day of grace, whether statutory or judicial, is permitted.

Receipts and promissory notes to bearer must contain the correct date of the original issue.

The original issuer of bearer receipts, payable by a third party, is liable towards every holder for the satisfaction during ten days after the date…

The liability of the original drawer shall however continue, unless he proves that, during the time determined in the preceding article, he has had…

Apart from the original issuer, any person who has given the aforementioned paper in payment remains, for the period of three days thereafter, the…

The holder of a promissory note to bearer is obliged to demand payment within the period of three days after the day on which he accepted that paper…

If the last day of any period, regarding which any provision is contained in this Section, falls on a statutory public holiday within the meaning of…

Any right of action against the issuers of paper referred to in this Section, or against those who, other than the original issuer, have given the…