Law applicable to the presentment, protest and other acts for exercise or preservation of rights under negotiable instruments Cover Image
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Приложимо право към предявяването, протеста и другите действия за упражняване и запазване на права по менителнични ефекти
Law applicable to the presentment, protest and other acts for exercise or preservation of rights under negotiable instruments

Author(s): Tsvetan Krumov
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: bill of exchange; promissory note; cheque; presentment; protest; other acts for exercise or preservation of rights; form and time limits for acts for exercise or preservation of rights; necessity for

Summary/Abstract: This article is analyzing firstly – the express conflict of laws rules in art. 569 of the Commerce Act on the form and time limits for acts necessary for exercising or preservation of rights, which are broader compared to the respective counterparts in the Geneva Conventions. A de lege ferenda proposal has been made to accept in Bulgaria a rule on post-dating of cheques as per the Geneva Cheques Convention of 1931. An attempt has been made to establish which is the law applicable to the necessity for performing of acts for exercise and preservation of rights? Arguments are put forward that on the latter matter should be governed by the law applicable to the obligation of each separate recourse debtor vis-à-vis whom recourse claims are brought. In the context of cheques, a de lege ferenda proposal has been made to accept in Bulgaria the rule on the said necessity as per the Geneva Cheques Convention of 1931. Lastly an analysis has been made on the law applicable to vis major and to the moratorium on presentment, protest, and notice of dishonour.

  • Issue Year: 2017
  • Issue No: XV
  • Page Range: 363-415
  • Page Count: 53
  • Language: Bulgarian