Page 109 - Δημήτρης Λουκιδέλης - Μεταφράσεις Νομικών, Συμβολαιογραφικών & Δημοσίων Εγγράφων - Δείγματα Μεταφράσεων

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instruments are those wherein the exclusive beneficiary, which can exercise the right
from the instrument is the person who is named therein. For the exercise of the

embodied right, in that event, there is required the bearing and the presentation of the
document. The transfer of the registered security is made by assignment. In registered

securities the main role is played by the transfer of the right and not by the delivery of
the document. Bearer instruments or instruments to the bearer are the instruments

wherein there is not named the beneficiary, namely there is not stated the name thereof

in the paper. In the said instruments the holder of the title (the bearer is not obligated in
a case of contestation to prove (rebuttable presumption in his favour) that he is the right-

holder. The right from the instrument is conveyed by the mere delivery of the title, as
that is the case with any chattel. The drawing of an instrument to the bearer is permitted

only in the cases specified by the law. Indeed, under article 68 of the as from 17-7-1923
Law ‘On special provisions on S.A.’s’ the drawing of instruments to the bearer is

permitted only in the case of bank drafts, the shares of an S.A. and of the not on sight

debenture loan of an S.A., of the interest coupons and the dividends warrants thereof as
also in every other case provided for in the law, such as for example the drawing of a

cheque to the bearer, (see article 5 section 2 of L. 5960/1933). Last, the basic type of

instruments to the bearer embodying a claim are unregistered securities arranged by
articles 888 of the CC.