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Title: Negotiable Instruments Act (1987.06.29 Modified) chinese version
Article Content
      Section 9 Right of Recourse
Article   85   
(Recourse upon maturity and premature recourse)
If a bill is dishonored by non-payment at its maturity, the holder, after performing all acts necessary to the exercise and preservation of their rights on the bill, is entitled to exercise their right of recourse against the endorser, the drawer, and any other person liable for the bill.
In any of the following situations, the holder may exercise their right of recourse even before the maturity of the bill:
1. The bill is dishonored by non-acceptance.
2. Presentment for acceptance or payment is rendered impossible by death or absconding of the drawee or the acceptor or by some other cause.
3. The drawee or the acceptor has been adjudicated bankrupt.
Article   86   
(Formulation of the rejection certificate)
If the whole or a part of a bill is dishonored by non-acceptance or non-payment, or if presentment for acceptance or payment of the bill is rendered impossible, the holder shall apply for and cause a protest to be made to attest the fact.
If the drawee or the acceptor specifies on the bill the date of presentment and their non-acceptance or non-payment of the whole or a part of the bill, as the case may be, the note, accompanied by their signature, has the same force and effect as a protest.
Bankruptcy of the drawee or the acceptor shall be proved by an authenticated or excerpted copy of the bankruptcy adjudication.
Article   87   
(Deadline for formulating the rejection certificate)
A protest for non-acceptance shall be made within the time limit allowed for presentment for acceptance.
Article   88   
(Effect of acceptance rejection certificate)
A protest for non-payment shall be made on the day payment is refused or within 5 days after the refusal of payment. However, if the holder assents to a request for deferment of payment, the protest shall be made on the last day of the deferment or within 5 days thereafter.
After a protest for non-acceptance is made, neither presentment for payment nor protest for non-payment is necessary.
Article   89   
(Notice for the reason of the rejection)
The holder shall notify the endorser or endorsers, the drawer, and all other persons liable for the bill of the dishonor within 4 days after the protest is made.
If there is a waiver of protest by special agreement, the holder shall give the notice referred to in the preceding paragraph within 4 days after dishonor by non-acceptance or non-payment.
An endorser shall, in turn, notify the party prior to them within 4 days after receiving the notice referred to in the preceding paragraph.
If the address of an endorser's domicile is not indicated on the bill, or if, albeit indicated, it is not clearly written and therefore indiscernible, the notice intended for the endorser shall be addressed to the party prior to them.
Article   90   
(Exemption of the obligation for providing notifications)
The drawer, any endorser, or any other person liable for the bill may exempt the holder from their obligation of giving notice of dishonor before the expiration of the time limit for notice set forth in Article 89.
Article   91   
(Method of notification)
Notice of dishonor may be given by any means of communication, provided that the person who asserts that they have given notice within the time limit set forth in Article 89 shall bear the burden of proof.
When notice is sent by post, if the address of the domicile of the person to be notified is correctly specified on the envelope, notice is deemed to have been given.
Article   92   
(Remedial measures for error in notice attributable to force majeure factors)
If a person is prevented from sending notice within the time limit set forth in Article 89 by circumstances beyond their control, they shall send it within 4 days after the extraordinary circumstance causing the delay ceases to exist.
If the person proves that they have sent notice within the time limit set forth in Article 89, they are considered to have complied with the time limit for notice.
Article   93   
(Effects of negligence in the delivery of notices)
If a person fails to give notice within the time limit set forth in Article 89, they may still exercise their right of recourse, except that they shall be liable for damages if any damage arises from their failure to give notice. The amount of damages, however, may not, in any case, exceed the amount payable by the bill.
Article   94   
(Exemption for the formulation of the rejection certificate)
The drawer or an endorser of a bill may insert a waiver of protest in the bill.
If the drawer makes the insertion referred to in the preceding paragraph, the holder may, in case of dishonor, exercise their right of recourse without first applying for a protest. If, however, the holder still applies for a protest, they shall bear any expense incurred.
If an endorser makes the insertion referred to in paragraph 1, it is operative insofar as it concerns that endorser only. If the holder chooses to have a protest made, they may claim against other signatories to the bill the reimbursement of the expense incurred.
Article   95   
(Obligations for providing notifications)
Notwithstanding the waiver of protest inserted in a bill, the holder shall still present the bill for acceptance or payment within the prescribed time limit, provided that if it is contended that the holder has not presented the bill for acceptance or payment, the person making the contention shall bear the burden of proof.
Article   96   
(Responsibilities of the bill debtor)
The drawer, the acceptor, the endorser or endorsers, and all other persons liable for a bill are jointly and severally liable to the holder.
The holder may exercise their right of recourse against any or several or all of the persons liable for the bill, as referred to in the preceding paragraph, irrespective of the order of liability.
If the holder has exercised their right of recourse against one or several of the persons liable for the bill, they may still exercise their right of recourse against any remaining person or persons liable for the bill.
If a person against whom the holder exercised their right of recourse has discharged their liabilities by payment, they then acquire the same rights as the holder.
Article   97   
(Entitled recourse amount)
When exercising their right of recourse against any person liable for a bill, the holder is entitled to claim the following sums of money:
1. The amount payable by the bill dishonored by non-acceptance or non-payment and the interest thereon, if any, has been agreed upon.
2. Interest computed at the rate of 6 percent per annum from the maturity date if no interest rate has been agreed upon.
3. Expenses incurred in making protests and giving notice of dishonor and other necessary expenses.
If payment is made before the date of maturity, interest from the date of payment to the date of maturity shall be deducted from the amount payable by the bill. In the absence of an agreed rate, interest shall be computed at the rate of 6 percent per annum.
Article   98   
(Recourse amount)
A person who discharges their liabilities on a bill by payment in accordance with Article 97 is entitled to claim against the acceptor or any party prior to them the following sums of money:
1. The total amount paid under the bill.
2. Interest on the amount referred to in the preceding subparagraph.
3. Necessary expenses incurred in connection with the discharge.
If the drawer discharges their liabilities by payment in accordance with Article 97, they are entitled to claim against the acceptor the sums of money as specified in the preceding paragraph.
Article   99   
(Recourse for return endorsement bill)
If the holder is concurrently the drawer, they have no right of recourse against any party prior to them.
If the holder is concurrently the endorser, they have no right of recourse against any party subsequent to their endorsement.
Article  100   
(Rights of the person against whom the holder exercised the right of recourse)
When a person liable for a bill discharges their liabilities by payment, the holder shall surrender the bill and the protest, if any.
When a person liable for the bill discharges their liabilities by payment as set forth in the preceding paragraph, the holder shall issue and deliver a receipt and a statement of interest and expenses paid, if any.
When an endorser discharges their liabilities on a bill by payment, they may strike out their endorsement and those of parties subsequent to them.
Article  101   
(Recourse for partial acceptance)
If a part of the amount of a bill is accepted, the person who discharges the unaccepted part of the bill by payment may require the holder to note the fact on the bill and to issue and deliver a receipt for their payment separately together with a duplicate of the bill and the protest.
Article  102   
(Recourse for the issuance of return endorsement bill)
A party to a bill who has the right of recourse may issue and draw on the drawer, one of the prior endorsers, or any other person liable for the bill a demand bill payable at the place where such person is domiciled, provided that this provision shall not apply if an agreement to the contrary exists.
The amount of the bill drawn pursuant to the preceding paragraph may, in addition to the sums specified in Articles 97 and 98, include a commission charge and stamp duty.
Article  103   
(Decision on the amount of the return endorsement bill)
When the holder draws a bill pursuant to Article 102, the amount of the bill shall be determined in accordance with the market value of a demand bill drawn at the place of payment of the original bill and payable by remittance at the place where the party prior to them is located.
When an endorser draws a bill pursuant to Article 102, the amount of the bill shall be determined in accordance with the market value of a demand bill drawn at the place where the endorser is located and payable by remittance at the place where the party prior to them is located.
The market value referred to in the preceding two paragraphs shall be the market value prevailing on the day of the drawing.
Article  104   
(Loss of right to recourse)
If the holder fails to perform the acts necessary to the exercise and preservation of their rights in the bill within the time limits set forth in this Act, they shall lose their right of recourse against all parties prior to them.
If the holder fails to perform the acts referred to in the preceding paragraph within an agreed time limit, they shall lose their right of recourse against the party prior to whom they made the agreement.
Article  105   
(Response for force majeure incidents)
If the holder is prevented from making presentment for acceptance or payment within the prescribed time limit by circumstances beyond their control, they shall give immediate notice of the fact to the drawer, the endorser or endorsers, and all other persons liable for the bill.
The provisions of Articles 89 to 93 shall apply mutatis mutandis to the notice referred to in the preceding paragraph.
The holder shall present the bill to the drawee as soon as the extraordinary circumstance causing the delay ceases to exist.
If the extraordinary circumstance extends over 30 days after the date of maturity, the holder may exercise their right of recourse without being required to make a presentment or protest.
If a bill is payable at sight or a fixed period after sight, the 30-day time limit referred to in the preceding paragraph shall begin to run from the day the holder gives notice to the party prior to them.