of June 7, 1930
Intended for permission of some collisions of the Laws on translated and promissory notes
High contracting parties shall, one concerning others, apply to permission of collisions under the listed below laws in questions of translated and promissory notes of the rule, specified in the following Articles.
The capability of person to undertake is determined by the translated or promissory note by its national law. If this national law sends to the law of other country, then this last law is applied.
Person which does not have capability according to the law specified in the prior paragraph nevertheless bears responsibility if the signature was made in the territory of the country by which legislation this person would be capable.
Each of High contracting parties has the right not to recognize validity of the obligation assumed according to the translated or promissory note by any of her citizens and recognized valid for the territories of other High contracting party only according to the procedure of application of the prior paragraph of this Article.
The form in which obligations according to the translated or promissory note are assumed is determined by the law of that country in the territory of which these obligations were signed.
However if obligations assumed according to the translated or promissory note are not valid according to resolutions of the previous paragraph, but if they correspond to the legislation of the state where the subsequent obligation is signed, in that case that circumstance that prior obligations are wrong concerning form, does not do invalid the subsequent obligation.
Each of High contracting parties has the right to order that obligations assumed according to the translated or promissory note by any of her citizens abroad will be valid concerning other her citizen for its territories if only these obligations are assumed in the form provided by the national law.
Action of obligations of the acceptor of the bill of exchange or person which signed the promissory note is determined by the law of the place of payment according to these documents.
Action which is made by signatures of other persons obliged according to the translated or promissory note is determined by the law of that country in the territory of which signatures were this.
Terms on presentation of the claim according to the procedure of regress are determined for all persons which appended the signatures, the law of the place of creation of the document.
The question of whether the holder of bill of exchange acquires the right to claim based on which the document is issued, is solved under the law of the place of creation of the document.
Question of admissibility of the acceptance regarding the amount or about whether the holder shall or not accept partial payment, decides under the law of that country in which the payment according to bill of exchange shall be made.
The same rule is applied to payment according to the promissory note.
The form and terms of protest, and also form of other actions necessary for implementation or for preserving the rights according to the translated and promissory note, are determined by the laws of that country in the territory of which the protest or the corresponding action shall be made.
The law of that country where shall be paid the translated and promissory note, determines what measures should be taken in case of loss or stealing of the translated and promissory note.
Each of High contracting parties reserves the right not to apply the principles of private international law containing in this Convention as the question concerns:
1) obligation assumed out of the territory of one of High contracting parties.
2) the law which is subject to application according to these principles, but not being the law of one of High contracting parties.
In the territory of each of High contracting parties of the resolution of this Convention will not be applied to the translated and promissory notes which are already constituted by the time of enforcement of this Convention.
This Convention, the French and English texts of which will be considered as equally authentic, will be marked with today's number.
It can be signed further till September 6, 1930 on behalf of any member of the league Natsy and any state not of the member of the league Natsy.
This Convention will be ratified.
Instruments of ratification no later than September 1, 1932 will be checked to the Secretary general of the League of Nations who will immediately report about their obtaining to all members of the league of the Nations and the states not to members of the league of the Nations, the parties in this Convention.
Since September 6, 1930 any member of the league Natsy and any state not the member of the league Natsy can join it.
This accession will be made by delivery to the Secretary general of the League of Nations of the statement for storage in archives of the Secretariat.
The secretary general will immediately report about this delivery on storage by all that who signed this Convention or joined it.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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