nted for payment within the limit of time fixed by Article 38, every debtor is authorised to deposit the amount with the competent authority at the charge, risk and peril of the holder.
Chapter VII
RECOURSE FOR NON-ACCEPTANCE OR NON-PAYMENT
Article 43
The holder may exercise his right of recourse against the endorsers, the drawer and the other parties liable:
At maturity:
If payment has not been made;
Even before maturity;
(1) If there has been total or partial refusal to accept;
(2) In the event of the bankruptcy (faillite) of the drawee, whether he has accepted or not, or in the event of a stoppage of payment on his part, even when not declared by a judgment, or where execution has been levied against his goods without result;
(3) In the event of the bankruptcy (faillite) of the drawer of a non-acceptable bill.
Article 44
Default of acceptance or of payment must be evidenced by an authentic act (protest for non-acceptance or non-payment).
Protest for non-acceptance must be made within the limit of time fixed for presentment for acceptance. If, in the case contemplated by Article 24, paragraph 1, the first presentment takes place on the last day of that time, the protest may nevertheless be drawn up on the next day.
Protest for non-payment of a bill of exchange payable on a fixed day or at a fixed period after date or sight must be made on one of the two business days following the day on which the bill is payable. In the case of a bill payable at sight, the protest must be drawn up under the conditions specified in the foregoing paragraph for the drawing up of a protest for non-acceptance.
Protest for non-acceptance dispenses with presentment for payment and protest for non-payment.
If there is a stoppage of payment on the part of the drawee, whether he has accepted or not, or if execution has been levied
against his goods without result, the holder cannot exercise his right of recourse until after presentment of the bill to the drawee for payment and after the protest has been drawn up.
If the drawee, whether he has accepted or not, is declared bankrupt (faillite declaree), or in the event of the declared bankruptcy of the drawer of a non-acceptable bill, the production of the judgment declaring the bankruptcy suffices to enable the holder to exercise his right of recourse.
Article 45
The holder must give notice of non-acceptance or non-payment to his endorser and to the drawer within the four business days which follow the day for protest or, in case of a stipulation "retour sans frais", the day for presentment. Every endorser must, within the two business days following the day on which he receives notice, notify his endorser of the notice he has received, mentioning the names and addresses of those who have given the previous notices, and so on through the series until the drawer is reached. The periods mentioned above run from the receipt of the preceding notice.
When, in conformity with the preceding paragraph, notice is given to a person who has signed a bill of exchange, the same notice must be given within the same limit of time to his avaliseur.
Where an endorser either has not specified his address or has specified it in an illegible manner, it is sufficient that notice should be given to the preceding endorser.
A person who must give notice may give it in any form whatever, even by simply returning the bill of exchange.
He must prove that he has given notice within the time allowed. This time-limit shall be regarded as having been observed if a letter giving the notice has been posted within the prescribed time.
A person who does not give notice within the limit of time mentioned a
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