2. Form and time limits for declarations on cheques
1 The form of a declaration on a cheque is determined according to the law of the country in whose territory such declaration was signed. However, compliance with the formal requirements laid down by the law of the place of payment is sufficient.
2 Where a declaration on a cheque that is invalid pursuant to the previous paragraph would be valid under the law of the country in whose territory a subsequent declaration is signed, the validity of the later cheque declaration is not affected by any formal defects of the earlier declaration.
3 Similarly, a declaration on a cheque made by one Swiss national abroad is valid as against another Swiss national in Switzerland providing it satisfies the formal requirements laid down by Swiss law.
1. Capacity to act as drawee of a cheque
1 A person's capacity to act as drawee of a cheque is determined according to the law of the country in which it is payable.
2 Where under such law the cheque is void for reasons pertaining to the person of the drawee, obligations are nonetheless binding if they arise from signatures appended to the cheque in countries where the law does not envisage nullity for such reasons.
2. Protêt. Délais
1 Le protêt ou la constatation équivalente doit être fait avant l’expiration du délai de présentation.
2 Si la présentation a lieu le dernier jour du délai, le protêt ou la constatation équivalente peut être établi le premier jour ouvrable suivant.
