Categories

BOOK VI. TRANSITORY PROVISIONS

You are here:
< Back

BOOK VI. TRANSITORY PROVISIONS

 

Chapter 1. General provisions

 

Art. 1171. – Periods of time.

  1. Where periods of time have expired prior to the coming into force of this Code, nothing in, this Code shall revive then.
  2. Where this code lays down periods of time for the doing of acts or the fulfillment of formalities in respect of which no period of time were laid down prior to the coming into force of this Code, such period shall run from the coming into force of this Code.
  3. Where periods of time have been extended by this Code, the provisions of this Code shall apply and the period which has run prior to the coming into force of this Code shall be deducted.
  4. Where periods of time have been shortened by this Code, the period provided by the law repealed by this Code shall apply and the period which has run prior to the coming into force of this Code shall be deducted.

 

Art. 1172. Vested rights.

 

Unless otherwise expressly provided, any legal situation created prior to the ments for the creation of the situation concerned as are laid down in this Code modifies the conditions governing the creation of such situation.

 

Art. 1173. – Legal situations not finally created.

Unless otherwise expressly provided, legal situations not finally created on the coming into force of this Code shall be governed by such further  requirements for the creation of the situation concerned as are laid down in this Code.

Chapter 2. Traders: Businesses. Business Organisations

Art. 1174. – Commercial Register.

 

  1. The provisions of Art. 86-122 of this Code shall come into force on such a day as shall be notified by Order published in the Negarit Gazeta.
  2. Whenever a provision of this Code imposes the obligation to make entries in the Commercial Register, such entries shall be made in accordance with the practice followed prior to the coming into force of this Code.
  3. On the coming into force of, this Code, the Ministry of Commerce shall serve on every business organisation registered in the Ministry of Commerce a form requiring them to supply the particulars required under Art. 105 and 108 of this Code and on receipt of the completed form shall enter such particulars in the Register.

 

Art. 1175. – Register of mortgage on businesses.

 

  1. The provisions of Art. 179 of this Code shall come into force on such day and on such conditions as shall be notified by order published in the Negarit Gazeta.
  2. Whenever a provision of this Code imposes the obligation to register a mortgage on a business, the particulars required by this Code shall be filed in the Awraja Guezat court in whose jurisdiction the business concerned is situate.

 

Art. 1176. – Official Commercial Gazette.

 

  1. The official Commercial Gazette shall be established on such day as shall be notified by Order published in the Negarit Gazeta.
  2. Whenever a provision of this Code imposes the obligation to make publication in the official Commercial Gazette only, such publication shall be made in a newspaper entitled to publish legal notices.
  3. Whenever a provision of this Code imposes the obligation to make publication in the official Commercial Gazette and in a newspaper entitled to publish legal notices, publication made in such newspaper shall be sufficient.

 

Art. 1177. – Business organisations.

 

Business organisations created prior to the coming into force of this Code shall comply with the provisions of this Code within not more than six  months from its coming into force.

 

Chapter 3. Negotiable instruments and banking transactions

 

Art. 1178. – Principle.

Negotiable instruments issued prior to the coming into force of this Code shall remain valid notwithstanding that they do not conform to the requirements of this Code.

 

Art. 1179. – Protest.

 

Where a protest requires to be drawn up under the provisions of this Code and there is no court registrar readily available, such protest shall be drawn up in the presence of two witnesses in the manner provided by this Code by any person having capacity under the Civil Code.

 

Chapter 4. Bankruptcy

 

Art. 1180. – Principle.

 

  1. Bankruptcy proceedings opened prior to the coming into force of this Code shall continue in accordance with the provisions of this Code.
  2. Commissioners and trustees appointed prior to the coming into force of this Code shall remain in office notwithstanding that they would not be eligible for appointment under this Code.

 

Art. 1181. – Acts of bankruptcy.

 

Acts of bankruptcy committed prior to the coming into force of this Code shall be deemed to have been committed under this Code.

 

Art. 1182. – Certificates.

 

Nothing shall affect the validity of certificates issued when, prior to the coming into force of this Code, bankruptcy proceedings have been closed by reason of insufficiency of assets.

Table of Contents

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.