Discussion On Claim For Reinstating Interest

In modem social life,the note is as a kind of payment closely linked to trade activity of goods and credit means,playing a very important role·Circulation that it can be safe and high—efficient that the full play on function of note depends on it,SO every regulation in the negotiable instrument law is designed to ensure the circulation of the note．The Claim for Reinstating Interest is an important system among them．So-called Claim for Reinstating Interest means that note right eliminate because of finishing in prescroption to repay,or while losing because of being deficient in formality,the bearer asks obligator to return corresponding interests with the limit of interests he has got in fact．The legal system of Claim for Reinstating Interest has a great deal of questions in its theory and practice．So this text analyzes and study on the value,legal nature,important forming condition and a series of questions while operating of Claim for Reinstating Interest in order to make these questions be cladtied．The whole text iS divideed into four parts altogether．The summary is as follows:The first part is the existence value of Claim for Reinstating Interest．The legal system of Claim for Reinstating Interest reflects these two values of fair and efficiency outstandingly；it is the entity ofthe fair and efficiency． First．the legal system of Claim for Reinstating Interest is on the basis of the fair idea that the interests of the note obligee and obligator should be maintained equally in order to realize the balance of interests between them·It is a life of a note to circulate．In order to promote the note to circulate,improve its utilization ratio,we must ensure the bearer'S right on the biggest degree,SO negotiable instrument law take ensuring bearer'S right as the principle and give bearer the note right beaer than general creditor'S rights Accordingly,the note debtor'S obligation iS more strenuous·In order to make the note obligator able to free out from the strenuous note debt early,and help the note obligator fulfill the note debt,eliminate the prescroption system and strict form important document that the obligee exercise the fight in a shorttime of the note are regulated by law．It is exactly because of the existence ofthe strict Essential condition of form and the short—term prescroption that make,will make the right of the note eliminates because of the note obligee'S slightneglect or the formal reason．At this moment,the note obligee's note right can't already be realized,but he has already paid the corresponding cost whileobtaining the right of the note,SO the note obligee have losses．Because of thefault of obligee,the obligations of the debtors is avoided．But the obligee has already paid to the price to accept note at this moment,this makes the note obligator acquire an advantage．The interests of both parties are out—of-balance．In order to adjust this kind out—of-balance,then the law specially stipulatesthe right of Claim for Reinstating Interest． Second,the legal system of Claim for Reinstating Interest has fullyconsidered this value of efficiency in the design．Under the condition ofcirculation,the efficiency value is reflected to some extent,but not obviously．Under the condition of uncalculating and only existing between two directparties,if the bearer'S note right is eliminated because prescroption passes orthe formality is deficient,the bearer can cover the loss through different wayto safeguard one'S own rights and interests．At this moment,the efficiencyvalue got abundant embodiment．When obligee realizes one'S own note rightaccording to the right of Claim for Reinstating Interest,it not only helps toeconomize the lawsuit cost but also helps to economize lawsuit resources．In addition,a lot of contents of it have all reflected the efficiency principle in the design,for example the regulation of the place of enforcement,the regulationof showing the note whether or not in enforcement,regulation of the burden ofproof and regulati...