Related
Related (or Trassat ) is composed of a change or a check for payment committed debtor .
Change
With a change is the recognition of the fault by the acceptance , which is usually transversely mounted signature on the certificate , documented on the front side on the left. According to Art. 1 No. 3 WG , the drawee is “the one who should pay”. He is now at the same time acceptor (or acceptor become) of the bill. With his signature, the drawee is liable to the other parties to the bill for payment (redemption) of the bill ( Art. 28 WG). The drawee must be legally competent .
The drawee's guilt can have its cause, for example, in a delivery of goods ( commercial bill of exchange ) or received credit ( financial bill of exchange ) or a guarantee promise (surety bill ).
The drawee and the issuer of the bill are identical in the case of a promissory note (routed-own bill of exchange).
check
The signature of the drawee is not required for a check, because only credit institutions that are supposed to redeem the document may act as the drawee . As drawee, you are “the one who should pay” ( Art. 1 No. 3 SchG ). The obligation to redeem does not arise from the check law, but from the check contract between the bank and the issuer of the check. He must therefore have a current account with the bank ( Art. 3 SchG). The company of the Institute is already printed on the issued by him check forms. The check is the instruction to the bank to make payment from the issuer's credit balance .
Before the check is cashed, the bank in question has special inspection obligations. The institute must check whether the check has been blocked, whether it has been properly issued and whether the signature of the issuer matches the one on file.
Legal basis
The legal bases are laid down in the national bill of exchange and check laws. In Germany, the Bill of Exchange Act of June 21, 1933 and the Act of Checks of August 14, 1933 apply with their respective changes in the meantime. Both are article laws and are based on international principles.
