docs. or check lost in corresponding bank

[edilee]

Hello
case 1
suppose you sent to corresponding bank a CAD transaction. But there is no any prosess for one year or more .
And you are informed by corresponding bank that the docs were lost. whats happens. is the corresponding bank responsible for the lost or not giving information or because of very long time passed no responsibility.
case 2
You sent a check for collection but the check is lost in corresponding bank. The check is not paid by photocoy and the beneficiary insist on payment or the original check whats happens. The corresponding bank is responsible for the lost. What must be done
thanks

[picant]

Hi Pal,

I think that art. 14 publ.522 will apply, however we have to follow the complete process of said collection; if sent by special courier DHL, UPS etc, , its acknowledgement, tracers, further instructions . May be in these behaviours something failed and a liability can be determinated.
Moreover art 26 must be followed in handling documents, specially if those remain unpaid.
Checks are normally paid by presenting a photocopy and a letter of indemnity, the drawer's bank normally ask the issuer for payment without presentation of the original check under usual reserves; not transferable check, stale check. It depends on the applicable law in that country.

Other comments appreciated
Ciao