§658B-5 Determining the amount of the money of certain contract claims. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the exchange rate prevailing on a date prior to default, that exchange rate applies only for payments made a reasonable time after default, not to exceed thirty days. Thereafter, conversion is made at the bank- offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money must, when received by the creditor, equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator, as the case may be, shall have jurisdiction to and shall, amend the judgment or award accordingly. [L 1990, c 50, pt of §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658B. Uniform Foreign-Money Claims Act
658B-3 Variation by agreement.
658B-4 Determining the money of the claim.
658B-5 Determining the amount of the money of certain contract claims.
658B-6 Asserting and defending a foreign-money claim.
658B-7 Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
658B-8 Conversions of foreign money in a distribution proceeding.
658B-9 Prejudgment and judgment interest.
658B-10 Enforcement of foreign judgments.
658B-12 Effect of currency revalorizations.