Respect day
As Respekttag (-e. Lat./ital Respiro ; also " Respittage ", " Respect Day discretion days , days in arrears , Faveurtage , Nachtage , honor day , grace days , days of grace , days of respite ") is designated a deadline (Respirofrist) within whose service provided is still considered to be on time (e.g. payment deadline after the expiry date of a check or bill of exchange ).
During this period, the obligee waives the right to assert possible negative consequences (e.g. consequences of late payment ) against the debtor. The granting of days of respect can sometimes be associated with disadvantages for the obligee if the debtor becomes insolvent during this period .
Respekttage are in various commercial practices ( Usance known worldwide) and also in the various laws, since payments can be received according to experience delayed. Out of "respect" for the business partner, overly strict adherence to a payment date is waived. In addition, the punctuality of payments differs between the individual debtors and countries.
Respect days in check and bill of exchange right
Germany
According to Art. 57 ScheckG and Art. 74 WG , neither statutory nor judicial days of respect are recognized. In principle, however, this does not affect the legal agreement. According to Art. 77 WG i. V. m. to Art. 72 , Art. 73 and Art. 74 WG prohibition respect days.
Austria
The Austrian check and bill of exchange law follows the German check and bill of exchange law with regard to the days of respect. In the Austrian check and bill of exchange law, statutory or judicial days of respect are expressly not recognized (Art. 57 Check Act 1955, Art. 74 Exchange Act 1955) or are prohibited (Art. 77 in conjunction with Art. 72 to 74 Uniform Exchange Act)
Liechtenstein
The Liechtenstein checks and drafts legislation is largely in Austrian law rezipiert . According to Art. 57 Check Act and Art. 74 Bills of Exchange Act, statutory or judicial days of respect are expressly not recognized.
Switzerland
According to Art. 1083 OR , neither legal nor judicial days of respect are recognized in the bill of exchange law. According to Art. 1098 in conjunction with Art. 1081-1085 OR, there is a ban on days of respect. This prohibition is enforced through Art. 1143 para. 1 no. 20 OR extended to the law on checks.
literature
- Grünhut, Carl Samuel: Wechselrecht (Systematic Handbook of German Law), Leipzig 1897;
- Grünhut, Carl Samuel: Textbook of bill of exchange law , Duncker & Humblot , 1900
- Goldschmidt, Levin: System of commercial law: including bill of exchange, maritime and insurance law in the floor plan , Verlag Enke, 1889.
Sources and References
- ^ Check Act of August 14, 1933 in the corrected version published in the Federal Law Gazette Part III, structure number 4132-1
- ^ Change Act of June 21, 1933 in the revised version published in the Federal Law Gazette Part III, structure number 4133-1
- ↑ ÖBGBl. 50/1955
- ↑ ÖBGBl. 49/1955
- ↑ ÖBGBl. 289/1932
- ↑ Law of November 24, 1971 on the law of checks, LGBl. 71/2/1971
- ↑ Law of November 24, 1971 on the right to exchange, LGBl. 71/1/1971
