Bills Interest Repayment Claims System

The right of claim for repayment of the interest means when the right on a negotiable instrument eliminates because of expiration of the prescription or being deficient in formality,the bearer asks obligator to return corresponding interests with the limit of interests he has got in fact.On the nature,the existence necessity,the constitute elements,the enforcement and other practical exercise of the right of claim for repayment of the interest,there is a big controversy in the area of the law of negotiable instruments.I attempt to give a comprehensive exposition about the right of claim for repayment of the interest on the basis of summary various views with my own understanding,and on the basis of which to give the corresponding improving legislative proposals.The whole papers is divided into six parts:In the first part,I outline the system about the right of claim for repayment of the interest and analyze the existence necessity of the right in our country on the basis of summarying various countries legislative provisions. The existence of the right of claim for repayment of the interest reflects the concepts of legal fair and values.In the second part,I think that the nature of the right of claim for repayment of the interest has instructive significance to the application of the law, so I provide perspective of myself about the right of claim for repayment of the interest after brief review about various doctrines,that is the right of claim for repayment of the interest is the unjust enrichment claim.In the third part of the paper, I analyze the establishment essential condition of the right of claim for repayment of the interest, which includes four constitutive elements:first,qualified parties;second, the right on a negotiable instrument was once existed effectively;third, the right on a negotiable instrument eliminate because of expiration of the prescription or being deficient in formality;fourth, the chupiaoren or chengduiren acquires all advantage because the bearer losts his right on a negotiable instrument.The fourth part is about the enforcement of the right of claim for repayment of the interest,I discuss the subjects,places and methods of the enforcement of the right of claim for repayment of the interest ,defenses of the right and the methods of the obligator bearing liability,and give some of my opinions.The fifth part of the paper is about the problems of the right of claim for repayment of the interest that we encounter in the practice of litigation,the author discuss the court jurisdiction ,prescription and the scope and form of return of the interests and so on, and give some of my opinions.Finally,I remark the relevant provisions of legislation,and analyze the shortcoming about the nature,statutory reason and the subject of enforcement exists in the regulation in 18th clause of negotiable instrument law of our country and put forward proposal to amend.