In case of participation of 4 persons, one of them – the drawer, issues the translated bill containing the offer to pay the known sum of money; the second – the drawee, accepts the bill to payment and makes payment; the third – the payee, gets the translated bill and transfers its to the fourth – a prezentant, showing the bill to payment and receiving payment.
The indication of a place in which payment has to be made. If the place of payment is absent in the bill, it is considered by it the place designated near the name of the payer on it. The bill is considered invalid if in it there is no both a place of payment, and location of the payer, and also if some places of payment are specified.
Occasions to a protest in non-payment can be the following: at maturity did not follow if payment was not made earlier; the payer grants only part of the bill sum; the payer became insolvent.
The acceptance is the written consent of the payer (the drawee to pay according to the draft. Follows from contents of the draft that obligations for it for the drawee arise only from the moment of the acceptance to them bills, otherwise it remains for the bill absolutely the stranger. Proceeding from it, payees on the bill can beforehand, show before maturity the bill to the drawee with the offer to accept it and, therefore, to assume liability to make a payment.
The order of a protest is that the bill holder or his authorized officer for commission of a protest has to show the unpaid bill in notary office in the location of the payer or if it is the domitsilirovanny bills (which are subject to payment at the third persons, in the location of this person, and for commission of a protest of bills in the non-acceptance and not dating of the acceptance - in the location of the payer.
If in the bill of a place for putting down of transfer inscriptions it is not enough, they are made on the additional leaf attached to it so that the endorsement began on the bill and came to an end on the allonge.
The name and the address of the one who has to pay (the payer drawee. The name of the drawee in the text of the bill is among obligatory signs of the draft. The instruction on the payer is made usually in the left bottom corner on the bill face.
The analysis of jurisprudence on collecting the sums of a bill debt on the basis of the order issued by court of law shows that this injunction can be cancelled by the judge who gave out it on formal grounds, in particular in case of not the notice the debtor's judge according to the bill obligation about filing of application on issue of the injunction.
It is necessary to pay attention to distinction of the terms used for designation of the draft: in the first case – a rimessa, in the second – the bill of exchange. Payment of a debt in the first case is made by a remitirovaniye, and in the second – by tracing.
All bill requisites considered for the draft are obligatory and for the simple. Difference is only that in the promissory note the payer is directly the drawer (point.
The drawer is responsible for the acceptance and payment. He can decline all responsibility for the acceptance, but any condition on which he declines all responsibility for payment, it is considered not written. Invalid signatures on the bill (given out without due powers or with excess of those) do not conduct to loss of force of signatures of other signers, and the person who put such signature itself becomes obliged on the bill.
The translated bill can pass from hand to hand. Then between the payee and a prezentant there will be a number of nadpisatel – endorsees, and only the last owner will be the valid prezentant. Issue of the draft is called as tracing: the drawer traces on the drawee. Transfer of the draft in payment of a debt is called as a remitirovaniye: the payee remitirut to a prezentant.
Drawing up drafts in the presence of two participants, for example, when the drawer and the payee act in one person, is made seldom as in this case it is simpler to apply the promissory note which actually and assumes 2 participants.
The protest is the statement which is drawn up in a public order. The bill protest is understood as officially certified requirement of payment and its non receipt. In relation to the promissory note only the protest in non-payment as the promissory note does not need the acceptance is possible (its force is expressed in payment in time).