Professional Documents
Culture Documents
The Bill of Exchange As A Means of Payment and Security
The Bill of Exchange As A Means of Payment and Security
Professional Paper
doi:10.5937/jouproman4-11436
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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."
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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.
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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
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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.
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Used literature
www.pravo.org.mk
www.finance.gov.mk
www.nbrm.gov.mk
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