Supreme Court resolution concerning a bill of exchange security for receivables.

On July 17, 2020, in the case no. III CZP 72/19, the Supreme Court adopted a resolution under which the Bill of Exchange Agreement, which indicates that the creditor may mark the blank promissory note with the date of payment at his discretion, does not authorize to supplement the bill of exchange with the date of payment falling after the expiration of the limitation period for the claim from the basic relationship.

The resolution is of great importance primarily for financial institutions that use security in the form of blank promissory notes for credits, loans, leasing or other forms of financing. In accordance with its content, the issuance by the debtor of a bill of exchange not containing the date of payment does not deprive it of the protection resulting from the statute of limitations for claims of the financial institution resulting from the concluded agreement. The debtor, being sued for payment, may defend itself against such a charge of limitation regardless of the content of the bill of exchange supplemented by the creditor.

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Uchwała składu 7 sędziów SN dotycząca kar umownych
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