Colombian Commercial Code - Decree 410 of 1971 - Book III - Of Commercial Property - Title III - Securities - Chapter VI - Procedures - Section III - Replacement, Cancellation and Claim Titles / Values - From: Section 802 By: Art 821
COLOMBIAN COMMERCIAL CODE
Section III
Replacement, cancellation and claiming securities
Article 802 .- If a serious deterioration negotiable instrument so that it can not continue to run or destroyed in part,
but so persist the data needed for identification, the holder may
legally require that the title will be replaced at your expense, if
returned to the principal obligation. Also you have the right to sign
the new title of the original title subscribers who are starting to
prove that his signature has been destroyed or crossed out.
Article 803 .- Anyone who has suffered the loss, theft, robbery,
destruction of a title-nominative or order, may request cancellation of
this and, if necessary, replacement.Article 804 .- Be competent to judge the demand for cancellation or replacement of the domicile of the defendant or the place where it must fulfill the obligations imposed upon him the title.
However, in case of loss of the certificate of deposit or pledge bond the Banking Superintendency, after verifying the fact, the general store will order the issuance of a duplicate in which this situation appears visible. The applicant provide any security to the satisfaction of the same store, for any loss arising from the issuance of the duplicate and return the original title to the warehouse, if he recovers.
Article 805 .- Surrogate. Decree 2282 of 1989, Art 1, Number 253 (Code of Civil Procedure, Section 449).
Article 806 .- The judge, if the actor provides sufficient security, order the suspension of performance of obligations under the title, with the restrictions and requirements specified entitle the plaintiff to exercise those rights could only be exercised during the procedure for cancellation or replacement in your case.
Article 807 .- The procedure for cancellation or replacement interrupts and suspends the prescription expiration terms.
Article 808 .- Surrogate. Decree 2282 of 1989, Art 1, Number 253. (Code of Civil Procedure, Article 449).
Article 809 .- If the defendants deny having signed the instrument or opposition Formulare timely, and cometh to prove that the defendants had indeed signed the title or show that they have the basic facts of the lawsuit, the judge shall order the cancellation or replacement request.
Article 810 .- A third party who opposes the cancellation must display the title.
Article 811 .- Surrogate. Decree 2282 of 1989, Art 1, Number 253. (Code of Civil Procedure, Article 449).
Article 812 .- If the title we were already expired or overcomes during the procedure, the plaintiff may ask the judge to order the signatories of deposit, available to the court, the amount of the title.
If the applicant refuse to make required payment, who got the cancellation may legitimize the copy of the decision to demand the benefits derived from the title.
Article 813 .- The deposit of the amount of the instrument made by one of the signatories to free the others from the obligation to do so. And should he do more, just replace the tank whose greatest number of forced releases.
Article 814 .- If the required deposit of the amount of the title, the judge will make the fact known to the plaintiff and whether it accepts the partial payment, shall have delivered to it the amounts deposited. In such case, the plaintiff retained the outstanding action.
Article 815 .- If the title was decreed the cancellation has not expired, the judge will order signatories to sign the title substitute. If not do so, the judge will sign it.
Article 816 .- The new title will expire thirty days after the expiration of the canceled title.
Article 817 .- Even if you have not given notice of opposition the title holder to retain his rights terminated who got the cancellation and recovery of the title.
Article 818 .- bearer securities are not cancelable.
Article 819 .- the securities may be claimed in the event of loss, theft or other means of misappropriation.
Article 820 .- The industrial action will proceed against the first purchaser and against any subsequent holder is not in good faith free of guilt.
Article 821 .- When the law or the contract uses the term "negotiable instrument" means that the securities credit content aimed at the payment currency. The criminal protection of these securities will be governed by the respective rules of the penal code provisions.
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