Noteson
NEGO
TIABLEINSTRUMENTSLAW
(
Atty. Glenn Subia
)
|
1
Alcazar, JMM.
2
nd
semester, SY 2013
2014
ACT 2031
Negotiable Instruments Law
Negotiable instrument
-
written contract for the payment of money which is intended as a substitute
for money and passes from one person to another as money, in such a manner as to give a holder in due
course the rig
ht to hold the instrument free from defenses available.
Functions of Negotiable instrument:
Main Functions:
Serve as substitute for money
It is a credit instrument which increases credit circulation
Other Functions
It is a medium of exchange
Increases pur
chasing power in circulation
Serves as proof of transactions
Features of Negotiable Instrument:
Negotiability
Accumulation of secondary contracts
Memorize:
Section 1. Form of negotiable instruments
It must be in writing
and signed by the maker or drawer
(maker, in case of note; drawer, in
case of bill)
Must
contain an unconditional promise or order to pay a sum certain in money
(promise, in
case of note; order, in case of bill)
Sum certain
amount that is to be unconditionally paid by the maker / dra
wer, can be
determined on the face of the instrument
Must be payable on demand, or at a fixed or determinable future time
Three options of maturity:
a.
On dem