Law Applicable to the Form and Contents of Negotiable Instruments Transactions Cover Image
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Приложимо право към формата и съдържанието на менителничните сделки
Law Applicable to the Form and Contents of Negotiable Instruments Transactions

Author(s): Tsvetan Krumov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: bill of exchange; promissory note; cheque; form; contents; formal validity; place of signing

Summary/Abstract: This article represents a review of the Bulgarian statutory conflict of laws rule for determining the law governing the "form" and "content" (the formal validity) of negotiable instruments transactions. The special meaning of the terms "form" and "content" is analysed under the Bulgarian substantive law of negotiable instruments. This special meaning is compared to the broader meaning of these terms under Bulgarian civil law. Following that, a proposal is put forth as to the interpretation of the conflict of laws rule where these terms have in turn been used. The "place of signing" (being the general criterion for the determining the law applicable to the formal validity negotiable instruments) is analysed and is compared to other criteria used in other legal systems for the same purpose. The issue as to whether the parties may freely choose the applicable law is discussed in details.

  • Issue Year: LVIII/2017
  • Issue No: 1
  • Page Range: 49-80
  • Page Count: 32
  • Language: Bulgarian