Sec. 50a-54. Determination of proper money of claim. (a) Except as provided
in subsection (b) of this section, proper money of the claim is, as the case may be, the
money: (1) Regularly used between the parties as a matter of usage or course of dealing;
(2) used at the time of a transaction in international trade, by trade usage or common
practice, for valuing or settling transactions in the particular commodity or service involved; or (3) in which the loss was ultimately felt or will be incurred by a party.
(b) The money in which the parties have contracted that a payment be made is the
proper money of the claim for that payment.
(P.A. 89-134, S. 4; P.A. 07-217, S. 183.)
History: P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007.
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Sec. 50a-57. Judgments on foreign-money claims. Form. (a) Except as provided
in subsection (c) of this section, in a successful foreign-money claim, a judgment or
arbitration award shall be stated in an amount of the money of the claim.
(b) The judgment is payable in that foreign money or, at the option of the judgment
debtor, in the amount of United States dollars which will purchase that foreign money
on the conversion date.
(c) Assessed costs shall be entered in United States dollars.
(d) Each payment in United States dollars shall be accepted and credited on the
judgment in the amount of the foreign money that could be purchased by the dollars at
a bank-offered spot rate of exchange at or near the close of business on the conversion
date for that payment.
(e) Awards made on both (1) a defense, set-off, recoupment or counterclaim, and
(2) the adverse party's claim, shall be netted by converting the moneys of the smaller
award into the money of the larger and by subtracting the smaller from the larger, as if
a payment had occurred on the date of the most recent award, and shall provide in the
judgment the rates of exchange used.
(f) A judgment substantially in the following form complies with subsection (a) of
this section:
IT IS ADJUDGED AND ORDERED, THAT Defendant (insert name) pay to Plaintiff
(insert name) the sum of (insert amount in the foreign money) plus interest on that sum
at the rate of (insert rate as provided in section 50a-59) per cent a year or, at the option
of the judgment debtor, such number of United States dollars as will purchase the (insert
name of foreign money) with interest due, at a bank-offered spot rate at or near the close
of business on the banking day next before the day of payment, together with assessed
costs of (insert amount) United States dollars.
(g) A judgment shall be recorded and indexed in the foreign money in the same
manner and shall have the same effect as a lien as other judgments. It may be discharged
by payment.
(P.A. 89-134, S. 7; P.A. 07-217, S. 184.)
History: P.A. 07-217 made technical changes, effective July 12, 2007.
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Sec. 50a-59. Prejudgment and judgment interest. (a) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in
the case are matters of the substantive law governing the right to recovery under the
conflict of laws rules of this state.
(b) Notwithstanding subsection (a) of this section, an increase or decrease in calculated prejudgment interest may be made in a foreign-money claim to the extent required
by the law of this state applicable in an action or distribution proceeding for United
States dollars, if there is a failure to make or accept an offer of settlement, an offer of
judgment, or conduct by a party or its attorney causing undue delay or expense.
(c) A judgment shall bear interest at the rate applicable for a judgment under the
law of this state.
(P.A. 89-134, S. 9; P.A. 07-217, S. 185.)
History: P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007.
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