Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)


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Art. 1042

3. No­ti­fic­a­tion

 

1 The hold­er must no­ti­fy the im­me­di­ately pre­ced­ing en­dors­er and the draw­er of the lack of ac­cept­ance or pay­ment with­in four work­ing days of the date on which the protest was made or, in the case of the com­ment “No protest”, with­in four work­ing days of the date of present­a­tion. With­in two work­ing days of re­ceipt of such no­ti­fic­a­tion, every en­dors­er must pass on the news re­ceived to the im­me­di­ately pre­ced­ing en­dors­er and give him the names and ad­dresses of the per­sons from whom he re­ceived it, and so on in se­quence un­til the draw­er. All time lim­its run as of re­ceipt of the pre­vi­ous no­ti­fic­a­tion.

2 Where no­ti­fic­a­tion is made pur­su­ant to the pre­vi­ous para­graph to a per­son whose sig­na­ture is ap­pen­ded to the bill of ex­change, the same no­ti­fic­a­tion must be made with­in the same time lim­it to his bill guar­ant­or.

3 Where an en­dors­er has omit­ted to give his ad­dress or has writ­ten it il­legibly, it is suf­fi­cient if his im­me­di­ately pre­ced­ing en­dors­er is no­ti­fied.

4 The no­ti­fic­a­tion may be made in any form, in­clud­ing the mere re­turn of the bill of ex­change.

5 Per­sons un­der a duty to no­ti­fy must show that they com­plied with it with­in the pre­scribed time lim­it. The time lim­it is deemed ob­served where a let­ter con­tain­ing such no­ti­fic­a­tion was pos­ted with­in the time lim­it.

6 A per­son who fails to no­ti­fy in good time does not for­feit his right of re­course; he is li­able for any losses arising from his fail­ure to no­ti­fy, but only up to the bill amount.

 

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