II.—Provisions relating to certain classes of contracts (4 to 7)
Stock Exchange and Commercial Exchange Contracts.
4.
- (a)
- Rules made during the war by any recognized Exchange or
Commercial Association providing for the closure of
contracts entered into before the war by an enemy are
confirmed by the High Contracting Parties, as also any
action taken thereunder, provided:
- (1)
- That the contract was expressed to be made subject to the rules of the Exchange or Association in question;
- (2)
- That the rules applied to all persons concerned;
- (3)
- That the conditions attaching to the closure were fair and reasonable.
- (b)
- The preceding paragraph shall not apply to rules made during the occupation by Exchanges or Commercial Associations in the districts occupied by the enemy.
- (c)
- The closure of contracts relating to cotton “futures”, which were closed as on July 31, 1914, under the decision of the Liverpool Cotton Association, is also confirmed.
Security.
5.
The sale of a security held for an unpaid debt owing by an enemy shall be deemed to have been valid irrespective of notice to [Page 619] the owner if the creditor acted in good faith and with reasonable care and prudence, and no claim by the debtor on the ground of such sale shall be admitted.
This stipulation shall not apply to any sale of securities effected by an enemy during the occupation in regions invaded or occupied by the enemy.
Negotiable Instruments.
6.
As regards Powers which adopt Section III and the Annex thereto the pecuniary obligations existing between enemies and resulting from the issue of negotiable instruments shall be adjusted in conformity with the said Annex by the instrumentality of the Clearing Offices, which shall assume the rights of the holder as regards the various remedies open to him.
7.
If a person has either before or during the war become liable upon a negotiable instrument in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability notwithstanding the outbreak of war.