Libro III · Título Primero Capítulo IV. De los titulos al portador
Article 436 Bearer instruments
Bearer instruments are those that are not issued in favor of a determined person, even though they do not contain the clause: to bearer, and they are transmitted by mere delivery.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 437 Legitimation
The simple exhibition of the negotiable instrument legitimates the bearer.
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Article 438 Obligation to pay a sum of money
The negotiable instrument that contains the obligation to pay a sum of money may not be issued to bearer, except in the cases expressly permitted by law.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 439 Defective creation
The instruments created in contravention of the provisions of the preceding article shall not produce effects as negotiable instruments.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Article 440 Sanction
The person who infringes the provisions of article 438 shall be obliged to the restitution of the value of the instrument to its holder, and in addition the tribunals shall impose on him a fine equal to the amount of the instruments irregularly issued.
Official Spanish text: OMPI (opens in a new tab). Read this article in Spanish
Source: OMPI, WIPO Lex (texto oficial suministrado por Guatemala, con las reformas anotadas hasta el Decreto 55-2010). Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.