subject: Validity check: if there is no beneficiary [print this page] Validity check: if there is no beneficiary
Important news about the validity of the check in cases where, for compilation errors for example, does not specify the recipient. Let's see what happens in such cases, if the validity of the grant is jeopardized.
Validity check: Judgement recent
What happens if the validity check during the build we were to forget to include the beneficiary? The obvious answer is that the check is invalid and can not be changed at our bank. But to deny all our previous beliefs, there is a new ruling by the Supreme Court, namely No. 16556 of 2010 that even for a check that was not properly named the recipient of a hypothesis does not occur invalidity of the title.
Rights recognized
The content of the ruling on the validity of a check does not have the name of the beneficiary is based on the concept that those who receive the title retains all rights to receive the money as not to blame if those who issued it has forgotten its name. The reasons for the decision specifies that the holder of the check-transferable license to turn the wearer is actually considered legitimate if there are "shot" to justify its right to possess.
Origin of the sentence
The case that gave rise to this ruling has become so important to check the validity is the case of a "beneficial" to which the issuer of a series of checks disputed the fact of them illegally collected. The prosecution, therefore, did not consider this person a legitimate recipient of the securities. The Supreme Court, ultimately, decided that in case of lack of validity of the check payee name is attested by Article 5 RD 1736 of 1933 on the check payable to bearer. It follows that the "endorsement to bearer" legitimates him before the law and made the turn in his favour; however, allow him to go to the bank for the exchange or deposit of the title.
