Abstract

There is some discrepancy in the caselaw when it comes to the consequences of mispronouncing a company’s business name on a bill of exchange. Sometimes too much emphasis is placed on the literal interpretation of the act and formalism without taking into account functional issues. Certain parallels to the concept of so-called causality can be seen.

A more liberal position is advisable providing it does not lead to losing sight of the benefits of limited statutory formalism for the performance of legal acts. Statutory forms are perceived here as serving a protective function and interpretation of the provisions of the bill of exchange law should take into account their functions and not merely the literal meaning of individual words and phrases.