You are on page 1of 11

View metadata, citation and similar papers at core.ac.

uk brought to you by CORE


provided by UGD Academic Repository

(JPMNT) Journal of Process Management – New Technologies, International


Vol. 4, No.3, 2016.

THE BILL OF EXCHANGE AS A MEANS OF PAYMENT AND


SECURITY
Vojo Belovski, Associate Professor PhD,
Faculty of Law at the University "Goce Delchev"-Stip, Macedonia,
e-mail: vojo.belovski@ugd.edu.mk
Andon Majhosev, Associate Professor PhD,
Faculty of Law at the University “Goce Delchev”-Stip, Macedonia
e-mail: andon.majhosev@ugd.edu.mk
Ivana Dujovska, master student
on Faculty of Law at the University "Goce Delchev"-Stip, Macedonia,
e-mail: ivana_d1009@hotmail.com

Professional Paper
doi:10.5937/jouproman4-11436

Abstract: The bill of exchange is a kind of paper INTRODUCTION


in order that its holder shall entitle the debtor
named in the document to pay a certain amount of According to our law1, the bill of
payments. The bill of exchange represents a means exchange serves as a means of payment
of payment and an instrument of providing the
payment. It is an unconditional order given by the and an instrument for securing the
drawer to the drawee to pay a certain amount to the payment.
payee listed on the bill of exchange.
The bill of exchange represents a
The bill of exchange is generally a paper on paper of value issued in the prescribed
the orders but it can be issued as value paper to a form in which its issuer (drawer) as
name. It is such promissory notes where the issuer
becomes a clause not by order. The bill of unconditional order gives another person
exchange though it appears as a means of payment (drawee) at a specific time and place to
and an instrument for securing the payment it also pay a sum of money which is indicated on
appears as a means of international payment, the bill of exchange, the user the same
because the bill of exchange can become a modern (payee) whose name is indicated on the
instrument of crediting and payment. With the
development of the credit market and the bill of bill of exchange.
exchange becomes a means for the drawer and the
drawee. This means that instead of the bill of Bill of exchange historically
exchange to be paid after the expiry of a certain appeared at a certain stage of the socio-
deadline for submission of the bill of exchange the economic development of the then small
holder may sell or discount, or to pay before the countries in the Middle Age, due to the
deadline for submission. With this the bill of
increasing development of international
exchange becomes a toll for discount.
trade where goods purchased from abroad
Based on this we can conclude that the bill should be paid in the currency of the
of exchange has the following roles: foreign country. That how appeared the
-bill of exchange serves as a means of need of payment not in cash but by giving
credit; etc. written document by which the
-bill of exchange serves as means of indicated amount could be charged with
payment; the changer of the other country.
-bill of exchange serves as a means for
discount by.
1
Keywords: security, bill of exchange of exchange, Law of Exchange (" An official newspaper of
tender, an instrument for securing the payment. Republic of Macedonia" no. 3/2002 and 67/2010)

39
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

Bill of exchange gets its name Bill of exchange of exchange


because it served as a means of changing between these three legal systems there are
money in the supply of goods of more big differences between and within
practical reasons, primarily because of the individual systems, but also between the
safe and secure handling of money. With countries themselves.
the development of commodity economy,
the bill of exchange appears as a medium To remove the difficulties
of exchange, and later as a means of surrounding the execution of trade
replacing the money. By using the bill of operations by way of promissory note and
exchange could provide loans, then avoid disputes arising from different
collecting funds, purchase of goods, national jurisdictions, at the end of XIX
payment services and other obligations. century appeared the desire for unification
of the bill of exchange of exchange right.
With the development of the credit
market, the bill of exchange becomes a For this purpose in 1852 was
tool for escompted by and reescompt. founded the Association for the unification
Instead the bill of exchange to be collected of the bill of exchange of exchange right
within a certain period of maturity, bill of and the same year in Paris was presented
exchange of exchange holder may sell or the first draft of the bill of exchange of
escompte, or to pay before the deadline of exchange law World. Later this issue dealt
maturity but definitely reduce the amount Association of International Law and the
of exchange. Once escompted the bill of Institute of International Law.
exchange can be re-escomptedor in this
But the first concrete steps in this
case it becomes re-escompt.
regard have been achieved when the
1. Sources of right to draft, initiative of the Dutch government in 1910
development and unification of the bill in The Hague was made another draft of a
of exchange of exchange right single bill of exchange of exchange law. In
1913 in The Hague was adopted Hague
Bill of exchange of exchange right uniformed version for the bill of exchange,
was originally developed as customary law but due to the commencement of World
to XIX century when certain laws in War I there was not significant acceptance
certain countries have a major impact on of this Hague version.
bill of exchange of exchange right, and as
the most important are: The French In 1930 an international conference2
Commercial Code of 1807, the German in Geneva adopted three international
general framework for the draft of 1848. conventions in the field of bill of exchange
And the English Bill of exchange of of exchange right:
Exchange Act of 1882. Therefore are
1. Convention on Uniform (uniform)
created three bill of exchange systems.
bill of exchange of exchange law;
1. French system (France,
2. Convention on the regulation of
Netherlands, Greece, Argentina, Uruguay,
certain conflicts of laws in the bill of
Spain, Portugal, etc.).
exchange of exchange law;
2. German system (Germany,
3. Convention on the fees in the bill
Austria, Denmark, Sweden, Norway, Italy,
of exchange.
Belgium, Venezuela, Japan, Peru, etc.);
3. Anglo-Saxon system (UK, US, 2
Convention Providing a Uniform Law For Bills of
Canada, Australia, India). Exchange and Promissory Notes (Geneva, 1930)
The League of Nations

40
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

All these three conventions signed Anglo-Saxon bill of exchange of exchange


and ratified by twenty European countries law.
and several other countries outside Europe
(Japinia, Brazil). The difference between As national sources of bill of
countries which have accepted these exchange of exchange right serving Bill of
conventions and "common law" consists in exchange of Exchange Act, the Securities
the fact that the European system is and special provisions contained in the
abstract paper bill of exchange, if allowed Contract Law.
Anglo-American law is a reference to the
The Law regulates the content, types
bill of exchange of major work.
of exchange, and of exchange activities
Convention on the unvaried and rules. Law bill of exchange has two
(lackluster) bill of exchange of exchange parts: first, based on the Geneva
law was adopted on 7 June 1930 and Conventions and has international
consists of provisions concerning the significance and the second, which
content of the bill of exchange, the types regulate the bill of exchange for the needs
of exchange, and of exchange activities of our country, as is the case with similar
and rules. laws in other countries draft.

Most countries on the basis of these 2. Types of bill of exchange


three conventions have adopted national
In the modern market may affect
(domestic) laws. National laws on bill of
multiple types of bill of exchanges of
exchange complied with the provisions of
exchange as follows:
the three conventions, so that in the
country the provisions of the bill of 1. 1. Blanco bill of exchange of a
exchange complied with the provisions of future bill of exchange. It is
these conventions. characterized in that it lacks all
the essential elements, such as
But this is not over the unification of
labeling and variable amount
exchange rights, contrary invested serious
predicted, but they can later be
efforts in making unified system of
brought into it. Blanco bill of
exchange that would be widely accepted
exchange of exchange is used as
worldwide. Outstanding contribution to
a means of ensuring the
this system gives the United Nations
obligations of the borrower.
Commission on Trade Law UNICITRAL
Credit recipient issued a blank
which has produced the first draft project
bill of such credit at the
for an international draft. conclusion of the credit
When choosing the appropriate agreement. If a loan recipient t
solutions taken into account for the does not fulfill its obligation in
purposes of international trade on the contract, such credit may fill
previously gained experience about the a blank bill of that amount is not
difficulties and problems that arise in paid by the loan recipient.
international payments in exchange for
goods and services. After a long and 2. The Department's draft bill of
successful work of UNICITRAL in 1988, exchange arising from the sale of
it was adopted by the UN and adopted as a goods by way of credit. Buyer
UN convention MA International traced signing the bill of exchange to
own bill of exchanges and international the seller ensures that loans taken
bonds. This Convention shall be prepared will be returned.
based on the Geneva Conventions and

41
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

3. Business draft a bill of exchange pay to the person, the amount specified in
of exchange issued by the user of the bill of exchange. The person who
the services of the contractors for issues the bill of exchange (order, order) is
the services provided on credit. called issuer, the person who should pay
Business bill of exchange could the bill of exchange is called the drawee,
be escompt. Escompted by a and the person in whose favor the bill of
decrease of the interest still exchange is issued is called the payee.
unmatured claims when buying These are people who participate in the bill
bill of exchange or payment of of exchange of exchange relations. The
the amount of the bill of name drawn (drawn) promissory note
exchange which reads (nominal received from the Latin word (trahere)
value) by reducing past due which means pull.
interest of expenses bank and
bank commission. The bill of Own (solo) bill of exchange
exchange transfer is performed
Own (solo) draft bill of exchange is
by endorsement.
one in which her publisher undertakes that
at the time predicted the bill of exchange
4. Credit bill of exchange exists
would pay a third party (payee) or by order
when the person seeking credit
of a third person, an amount indicated in
gives own blank promissory note
the bill of exchange. Among stake and
in advance and recognizes that
promissory note differences as followed:
the drawer is covered.
- Unlike the drawn (drawn) draft
5. Domiciled bill of exchange of where there are three people (drawer,
such a bill of exchange where the drawee and payee), in his own (solo) bill
place of payment is not the same of exchange there are only two parties: the
place of permanent residence of issuer (the drawer of the bill of exchange)
the drawee. In the draft indicated and the person that the bill of exchange
that the bill of exchange will pay should not pay - drawee they represent one
a third party rather than the person (the issuer of the bill of exchange)
drawee, will pay off in another and the payee - in whose favor the bill of
place, and not in the place exchange is issued and which should be
indicated on the bill of exchange. paid the amount specified in the bill of
exchange.
6. Circular draft bill of exchange is
such that you can run and move - In the drawn (towed) draft clause
further into or circulate. This is for payment of the bill of exchange
the case when a representative of amount is "the way," in his own (solo) bill
a company should pay abroad. of exchange "will pay."

But the most important division - In the drawn (drawn) draft is


depending on the content of the bill of always a drawer tax paid to another person
exchange distinguishes two types as (drawee) while his own (solo) bill of
follows: exchange no promise of the issuer
(drawer) of the bill of exchange that will
Drawn bill of exchange pay the specified amount.
Drawn (drawn) is such draft bill of - Well, there are differences between
exchange in which her publisher (issuer) certain drawn (drawn) and own (solo) on
ordering another person (drawee) at the some draft questions of exchange
time predicted for the bill of exchange to activities.

42
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

For promissory note sometimes used The bill of exchange had to be made
the term "promissory notes". However, simultaneously by one person, one act, one
this term is not found in the Bill of ink, with a manuscript.
exchange of Exchange. By using this
expression may lead to confusion in that it It can also be expected additional
does not distinguish between their own changes to this policy in the future.
(solo) draft and drawn (drawn) bill of Changes arising as a result of the
exchange which contains clause that development of technology, the
prohibited drawer issuance of duplicate possibilities for using electronic signature
bill of exchanges of exchange (the and other techniques by which you will be
"promissory notes" ). taken debtors obligations.
For a number of issues of promissory
In the current Law on Bill of
note provisions for the drawn (drawn)
exchanges of Exchange, marking that a bill
promissory note.
of exchange of exchange must be printed
3. Principles of the bill of exchange on the bill of exchange of exchange
All authors consulted were syllable4, unlike the previous law, which
unanimous that in the bill of exchange was enough to write in the syllable of the
occur following principles: document5, with a grammatical
interpretation and literal application of the
• principle of Literacy (formality) of the law prevents compiling the bill of
bill of exchange; exchange without using a printer.
• principle of incorporation; Principle of incorporation
• principle of exchange of a fixed duty;
According to this principle, the bill
• principle of exchange of rigor of exchange obligation depends on the
(abstraction); existence of the bill of exchange. At the
• principle of solidarity draft; same time there are two rights: the right of
the bill of exchange which is obligatory
• principle of autonomy draft (one-sided); Law and the bill of exchange, which is
• principle of immediacy draft. really right.
Principle of literacy (formality) the An exception to this principle is the
bill of exchange procedure for depreciation of exchange,
through which it is possible to exercise
According to this principle, bill of rights based on the decision of the court,
exchange of exchange debtors and all which has replaced the bill of exchange6.
actions must be in writing in the manner,
content and elements defined in the Just as the principle of writing, this
legislation. The only deviation from this principle will need to be resilient and adapt
principle apply to illiterate and blind, as in to the development of the art of the new
the case of a blank promissory note, which ways of communication and new media of
does not contain all the essential elements. information.
There seems no doubt that this principle
has undergone changes from the time the
rule was applicable "unituactu"3, through
the possibility of using a blank - a draft.
4
3M, Article 5, paragraph 1, item 1
5
Law for bill of exchange (office list FNRJ
104/1946, 16/1965, 54/1970, 1989), article 1,
3
This has prevented the use of a blank bill of paragraph 1 item 1
6
exchange of exchange. Bill of exchange, Articles 103-105.

43
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

Principle Fixed draft obligation contract law. Instead came to division of


responsibility comes to transfer the
The scope and content of the Bill of obligation. If the bill of exchange amount
exchange liability arising from the content is paid by the acceptor (the debtor), the
of the bill of exchange. It may be required liability ceases for all signatories of the bill
and due only to what is provided in the bill of exchange, but if the bill of exchange
of exchange of exchange in writing. In the obligation is fulfilled by another bill of
historical development of this principle it exchange of exchange signed, then the
becomes elastic when combining the obligation ceases for a bill of exchange of
principle of diligence. exchange signatories that follow in
signatory exercised the obligation, but
Principle of rigor draft meeting all borrowers who signed the bill
(abstraction) of exchange in front of the signatory who
The obligation of exchange of the has fulfilled the obligation.
creditor to take certain actions arising from
Principle of autonomy draft (one-
the bill of exchange on time and within
tight deadlines (presentations, protest, sided)
filing a lawsuit), the threat of loss of, or The obligation of each bill of
prejudice to the bill of exchange. In the exchange of exchange debtor is
past in accordance with this principle was autonomous and has its own independent
provided and debt detention for people legal outcome, regardless of the validity of
who do not fulfilled his draft obligation. the signatures of previous signatories of
Today, this rigor can be found through the the bill of exchange.
abbreviated proceedings, in which is
determined only formal truth. This principle is contained in our
draft law. An exception to this principle is
Bill liability is inherently abstract or the responsibility of intervening by
separated from the basic legal act, for accepting (acceptor for honor - honorant),
which the bill is issued. In the past existed, which corresponds to the same way that
causality between the basic legal act and suits the taxpayer for that intervention.
the bill, but the causality abandoned thanks
to the contribution of the German School Principle of immediacy draft
and the interests of major creditors, with
the bill becomes an abstract matter. According to the principle of
immediacy, there is fiction in a direct legal
This principle is applied by the relationship between each bill of exchange
courts in deciding, which can be found of exchange debtor and creditor of
confirmation in a number of court exchange. The creditor may apply to each
decisions and legal opinions at the head. debtor to pay the amount the bill of
exchange7, of course, since previously
Principle of solidarity draft turned to the main bill of exchange of
exchange debtor's address failed, the bill
According to this principle, if the
of exchange amount is not paid and raised
principal debtor (acceptor) does not pay
protest, if necessary raising protest.
the bill of exchange, the other signatories
of the bill of exchange jointly liable, in
raising protest, of course if necessary
protest.
The solidarity of the bill of exchange
of exchange right differs from solidarity in 7
Bill of exchange, Article 57

44
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

4. Debtors works the acceptance, but can’t get rid of the


responsibility for it.
With the legal regulations specify
certain debtors actions must be carried out Transferring promissory note
each debtor or creditor. (endorsement)
Issuance of promissory note One of the most important features
of the bill of exchange is its endorsement.
Issuing such a draft Bill of exchange Endorser word meaning "back" because
to exchange activity a unilateral the bill of exchange transfer from one
declaration ordering the drawer to the person to another is recorded on the back
drawee to pay a certain amount to the of the bill of exchange11. Only in
payee. In this way it comes to establishing exceptional cases endorsement can be
a bill of exchange of exchange and legal written on the face of the bill of exchange,
relationship between the drawer, the the continuation of the bill of exchange or
drawee and payee. document of "Alon" (paper sticks to the
In connection with the issuance of bill of exchange for an additional
the bill of exchange there are certain rules: statements). With the endorsement
Drawn bill of exchange may be registered transfers all the rights arising from the bill
by order of the issuer; Drawn bill of of exchange.
exchanges of exchange may be drawn for The endorsement may only include
account of a third party; Drawn bill of the endorser's signature - a blank
exchange may be drawn to the drawer; endorsement. Blanco-endorsement to be
Drawn bill of exchanges of exchange may valid, must be written on the back of the
be payable at the third person in the place bill of exchange or alone. When the
where the drawer or elsewhere - endorsement of blank bill of exchange of
domiciled-drawn bill of exchange of exchange holder may: 12
exchange; The promissory note may be
payable in the third person or place outside • to fill in the blank endorsement
the residence of the drawee.8 with his own name or the name of another
person;
If the amount of the bill of exchange
is referred to with words and the amount • further endorse blank bill of
specified in figures not match valid exchange of exchange or on behalf of
amount specified in words. If the amount another person; and
of the bill of exchange is written several
times in letters or more times in numbers, • simply hand the bill of exchange to
valid is the lowest amount.9 a third person without filling out the blank
endorsement and without new
He that the bill of exchange will be endorsement.
signed as agent for another, though it was
not authorized, shall be personally liable Endorser fits that bill of exchange
for it, and if it has paid shall have the same will be accepted and paid, unless the
rights as the person for whom signed as endorsement otherwise specified.
representative.10 The drawer fits that bill of
exchange will be accepted and paid. The
drawer can get rid of the responsibility for
11
Dimitrovska - Antovska, Snezana, Bill of
8
www.nbrm.gov.mk exchange - concept and types, debtors work and
9
www.nbrm.gov.mk draft rights Notary No.5. Skopje
10 12
www.nbrm.gov.mk www.nbrm.gov.mk

45
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

Endorser may prohibit the bill of When the drawn bill is payable at a
exchange further endorsement in that case certain time on demand or based on a
does not fit persons to whom the bill of decision to be submitted for acceptance
exchange will be later endorsement. The within a certain limit, the acceptance shall
person holding the bill of exchangebe be dated when given, unless the holder of
considered its legitimate holder, if they the bill seeks to dated on the day when the
prove their right to an uninterrupted series bill of exchange submitted for acceptance.
of endorsements. This applies in cases It is thought that the drawee refused
when the last endorsement is blank. After acceptance of the bill if written acceptance
a blank endorsement follows another deleted before they return the bill of
endorsement, it is considered that the exchange. Until proven otherwise, it is
signatory of the other idosament acquired considered that acceptance is deleted
the bill with blank endorsement. Erased before returning the bill of exchange.
endorsements in terms of their proof, be
deemed to exist. If anyone on any basis Aval (draft warranty)
that currently remain without bond,
Payment of the drawn his own draft
whoever has the bill and who proved their
bill of exchange for the entire amount or a
right as permitted by law is obliged to
part thereof may be provided by aval. Aval
deliver the bill. Notwithstanding the bill is
can be provided by any third party, and
passed, provided that the holder acquired
one of the signatories of the bill of
the bill by gross negligence or by
exchange.14 It is expressed with the words
committing a crime intentionally. "per aval", "as guarantor", "how emec" or
The acceptance of promissory note any other expression with the same
meaning. From Avalon need to see whom
The holder of drawn bill of it is provided. If it can’t be seen, it is
exchange, and the person who holds the considered to be of a drawer. The aval
bill of exchange may be arriving, it be maker match as corresponding person
submitted for acceptance in the place of guaranteed. By paying the bill of
his residence. The drawer may prohibit the exchange, the aval maker acquires rights
bill of exchange to be submitted for arising from the bill of exchange of
acceptance, except in cases when:13 exchange against the person guaranteed, as
well as against the persons responsible in
- The drawn bill of exchange is the bill of exchange.
payable at the third person;
Intervention in draft
- The promissory note is payable in a
place outside the place of living or staying The drawer, endorser or bill of
drawee; and exchange of exchange the aval maker may
appoint a person who will inform him of
- The drawn bill of exchange is a whom intervened. If intervening overdue it
certain time on demand. be liable for damages that may arise due to
it exceeding height as necessary, to accept
Acceptance shall be written of the
or pay - intervening. Intervening may,
draft and is expressed with the words
under the conditions prescribed by this law
"admit", "received", "accepted" or any
to accept or pay for any debtor against
other word with the same meaning, as
whom it may be a request for recourse.
acceptance is considered the signature of
the drawee when affixed on the face of the
bill of exchange.

13 14
www.nbrm.gov.mk www.nbrm.gov.mk

46
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

Reproduction of draft require payment to be recorded on the bill


of exchange, and to be issued a receipt.16
Drawn bill of exchange may be
issued in two or more identical copies. The Drawee may make payment on the
bill of exchange of exchange syllable of bill of exchange before arrival. Passing the
each sample must be made the same serial bill of exchange amount is borne by the
number, otherwise each sample is valid as holder of the bill of exchange. By passing
a separate bill of exchange. Every holder the bill of exchange amount in whole
of a bill of exchange which does not state person bound thereby shall be exempt
that it is issued only in one sample may be from liability.
required to provide further samples at his
own expense. The holder of the stake or
promissory bill of exchange may file a
Transcripts and altering the bill of request for recourse against the endorser,
exchange the drawer and other payers as follows:17
Every holder of a bill of exchange of 1) upon arrival in case the bill of
exchange has the right to make a copy exchange is not paid in full or in part; and
thereof. The transcript must be identical to
the contents of the original bill of 2) prior to arrival when:
exchange with the endorsements and all
- Acceptance is rejected, wholly or
other provisions therein. The copy must
in part;
specify where the copy ends. If made
syllable of the bill of exchange, those who - Before or after the acceptance or
have signed the bill of exchange after the liquidation of the assets of the drawee or
altering liable by the altered type, and the stop payments even if the cessation was
previous signatories shall be liable under not confirmed by a court decision or the
the original syllable. performance of its property was
unsuccessful;
Paying the bill of exchange - When opened bankruptcy or
The drawn and own bill of exchange liquidation of the property of the drawer of
payable on a certain day, at a specific time the bill of exchange which must be
on demand or on a particular day from the submitted for acceptance.
date of issue shall be submitted for
When the bill of exchange amount
payment on the day of payment or one of
issued in currencies that have the same
the two working days that immediately
name but a different value in the country
after the date of payment. By paying the
where the bill of exchange is issued in the
bill of exchange comes to the termination
country where the bill of exchange is
of the legal relationship with bill of
payable, it is considered that the bill of
exchanges of exchange.15
exchange amount is expressed in the
When paying the bill of exchange, currency of the place of payment. On the
the drawee may require the holder of the legal effect of the bill of exchange will
bill of exchange to pass the bill of impact the death of the drawer or the loss
exchange, confirming the bill of exchange of their legal capacity, if occurring after
that it is paid off. The holder of the bill of the issuance of the bill of exchange.18
exchange may not refuse partial payment.
Case of partial payment the drawee may 16
www.nbrm.gov.mk
17
www.nbrm.gov.mk
18
Manoleva - Mitrovska, prof. Dr. Dance,
15
www.nbrm.gov.mk Securities - promissory note and check, p.142

47
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

5. People in bill Conclusion


Issuer's principal or issuer of the The bill of exchange is security -
promissory note indicated on the face of means of payment in order based on law
the bill. that apply the general rules for all
securities on order. In fact the bill of
Drawee is the one who pays the bill exchange is far greater detail regulated
in the drawer cover is located to him. form of security to us upon which
highlights her character identification in
Payee is an individual or legal entity
relation to other securities. It is obligatory
stated in the document to which the
legal paper that always follows a certain
amount specified in the bill or beneficiary
amount. This indicates an extremely legal
of the bill.
meaning of the bill of exchange, because
Holder of a bill is a person who the economy in the area of commodity-
holds the bill of exchange. money situation is not as important.

Issuers of the bill banks and But it still has a major role in the
payment agencies that issue certain types credit system, and during the development
of bonds. of trade and commerce she acquires its
role as a substitute for money.
Endorser is the holder of the
recovery that the endorsement. Thus the bill of exchange is
primarily a lending facility for securing the
Indosator the person to whom the claim. Also the bill of exchange is an
bill is passed. It can be a drawer or drawee important tool for ensuring not only in
and any person any bill of exchange. commodity - money circulation, but also
among some payment institutions,
Avalist is a person with his signature especially in the foreign trade exchanges.
on the bill or alone guarantee the payment
of the amount specified in the bill. With the development of the credit
market and the bill of exchange becomes a
Acceptor person receiving the bill means for escompt by and re-escompt.
obligation with a statement of its payment. This means that instead of the bill of
Intervens a person appointed by the exchange to be paid after the expiry of a
drawer, endorser or avalist in the bill in certain maturity of the bill of exchange
case of a need to accept or pay. holder may sell or escompt i.e. to pay
before maturity. With this bill of exchange
Copyist is a person who placed the becomes a means for escompted by. Once
authorization copy of bill while ensuring escompted, the bill of exchange can be re-
that the maker of the copy will hand the escompt with operation called re-escompt.
original bill of exchange or pay the bill
amount Based on this we can conclude that
bill of exchange has the following roles;
1. The bill of exchange serves as a
means of credit;
2. The bill of exchange serves as a
means of payment;
3. The bill of exchange serves as a
means for escompt by.

48
www.japmnt.com
(JPMNT) Journal of Process Management – New Technologies, International
Vol. 4, No.3, 2016.

Used literature

Bill of exchange of Exchange ( "Official


Gazette" no. 3/2002 and 67/2010)

Dimitrov - Antovska, Snow White, Bill of


exchange - concept and types, debtors
work and draft rights Notary No.5. Skopje

Manoleva - Mitrovska, prof. Dr. Dance,


Securities - promissory note and check,
p.142.

Balajovikj Dr. Ljubomir, draft and checks


law SFRY, Belgrade, 1947

Convention Providing a Uniform Law For


Bill of exchanges of Exchange and
Promissory Notes (Geneva, 1930) The
League of Nations

Zakon o menici (sluzben list FNRJ


104/1946, 16/1965, 54/1970, 1989), article
1, paragraph 1 item 1

www.pravo.org.mk

www.finance.gov.mk

www.nbrm.gov.mk

49
www.japmnt.com

You might also like