[简答题]

In the context of the UN Convention on International Bills of Exchange and International Promissory Notes:

(a) Define an international bill of exchange. (4 marks)

参考答案: The exact meaning of an international bill of exchange can be derived from the provisions of the United Nations Convention on International Bills of Exchange and International Promissory Notes. Thus Article B of the Convention provides that a bill of exchange is international if it specifies at least two of the following places and indicates that they are situated in different States: (a) the place where the bill is drawn; (b) the place indicated next to the signature of the drawer; (c) the place indicated next to the name of the drawee; (d) the place indicated next to the name of the payee; (e) the place of payment. However to comply the place where the bill is drawn, or the place of payment must be situated in a contracting State. Article C goes on to define a bill of exchange as a written instrument which: (a) contains an unconditional order whereby the drawer directs the drawee to pay a definite sum of money to the payee or to his order; (b) is payable on demand or at a definite time; (c) is dated; (d) is signed by the drawer. It is important to note that Article G of the Convention provides that the sum payable is deemed to be a definite sum although the instrument states that it is to be paid: (a) with interest, which may be paid at a fixed or variable rate (Article H); (b) by instalments at successive dates; (c) by instalments at successive dates with a stipulation in the instrument that upon default in payment of any instalment the unpaid balance becomes due; (d) according to a rate of exchange indicated in the instrument or to be determined as directed by the instrument; or (e) in a currency other than the currency in which the sum is expressed in the instrument. Finally it should be noted that the Convention does not apply to international cheques (Article A).