What is a Negotiable Instrument?
Definition of Negotiable Instruments: A negotiable instrument is a promissory note in which the right written on it is strictly adhered to in the year, so the right can only be claimed with this document and transferred with this document. The negotiable instrument is in the hands of the creditor or the rightful owner. It indicates the promise of the debtor and the creditor’s right. They have significant differences from ordinary bills of exchange. in order to understand these differences, it is necessary to know the characteristics of especially valuable documents.
Characteristics of Negotiable Instruments:
- The right must be transferable to someone else.
- The right must be assessed in cash.
- There is a dec bond between the right and the deed. The right without a deed cannot be asserted and transferred.
- The principle of abstraction is in force. The basic debt relationship that causes the issuance of the deed cannot be understood from the negotiable instrument.
- Types of negotiable instruments are specified in a limiting number in the law.
- Negotiable instruments are subject to strict form requirements.
Forms of Transfer of Negotiable Instruments:
Nama Written Deed: It is a deed on which the name of the first creditor is written and does not contain a record of his order (giving others the right to transfer not only the deed, and therefore abstractly written in the deed, but the actual receivable that caused the deed to be written). The transfer of these and the results of the transfer are subject to the security procedures that you will receive.
Promissory Note Written to the Order: It is a promissory note that has the name of the first creditor of the promissory note written, but also has a record at his disposal (or in some cases this record is considered to exist). This record is considered to be present in the bond, policy and check. Therefore, if it is not given another form (nama or bearer), it is considered to be a written deed to the order by law. Bills of exchange, written on order, can be transferred by turnover and delivery.
Promissory Notes Written to the Bearer: It is a promissory note that whoever is the bearer (bearer, owner, holder) will be considered the rightful owner. Therefore, there is no special form for transfer in such bills of exchange. It is enough for the bearer to hand over the stock to the person to whom he wants to transfer the receivable. Bills and policies are not written to the bearer, but can be written to the Czech bearer.
Types of Negotiable Instruments:
4.1. Foreign Exchange Notes: Foreign exchange notes are valuable documents containing the receipt of money. The debtor of the exchange note undertakes to pay the bearer the amount written on the note. Bills of exchange, policies and checks have been accepted as exchange notes. There are some features of exchange notes.
The features of exchange notes are as follows:
- Includes the right to a receivable.
– It is of an international nature.
– It is a constituent of a debt relationship.
– The principle of independence of signatures and declarations applies. - In order to be paid, the presentation of the deed is required.
– It must comply with the necessary shape requirements. - These are bills of lading.
- Even if the signers of the deed have signed it as a guarantor, they are obliged to be severally indebted.
