Judicial judgment — Court of Cassation – Civil
Bills of Exchange Claims and the Underlying Debt
Decision reference: Court of Cassation Civil Decision No. 4632 of 2021.
A claim on the underlying debt is based on the legal relationship for which the instrument was issued, requiring proof of the cause of indebtedness. In a negotiable-instrument claim, production of the instrument may suffice if the debtor has not denied the signature, because the instrument has self-sufficient evidentiary force.
Courts and procedure
Judicial judgment — Court of Cassation – Civil
Updated: 22 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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A claim on the underlying debt is based on the legal relationship for which the instrument was issued, requiring proof of the cause of indebtedness. In a negotiable-instrument claim, production of the instrument may suffice if the debtor has not denied the signature, because the instrument has self-sufficient evidentiary force.
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Question
When is a bill-of-exchange claim a negotiable-instrument claim rather than a claim on the underlying debt?
Extracted principle
A claim on the underlying debt is based on the legal relationship for which the instrument was issued, requiring proof of the cause of indebtedness. In a negotiable-instrument claim, production of the instrument may suffice if the debtor has not denied the signature, because the instrument has self-sufficient evidentiary force.
Frequently asked questions
Question?
When is a bill-of-exchange claim a negotiable-instrument claim rather than a claim on the underlying debt?
Extracted principle?
A claim on the underlying debt is based on the legal relationship for which the instrument was issued, requiring proof of the cause of indebtedness. In a negotiable-instrument claim, production of the instrument may suffice if the debtor has not denied the signature, because the instrument has self-sufficient evidentiary force.
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