On The Succession Of Indorsement Of Bill

Negotiation is the characteristic of bill, and the foundation of negotiable bill lies in transference of bill. Negotiation of bill depends mainly on indorsement besides delivery. Indorsement is fundamental way that the rights of all kinds of active securities transfer, and the uninterrupted series of indorsement is the most important factor which decides the bill rights of holders.The paper consists of four parts, aiming at rationally analyzing and researching the current problem concerned succession of indorsement in China, with the relative and pragmatic methods.The first section is the general introduction to the theory concerned succession of indorsement of bill, including the concept of indorsement of bill, the variety of indorsement of bill, and the validty of indorsement of bill. The first section also sets forth the structure and the validty of succession of indorsement, such as the bill holder proves oneself to be the holder in due course and enjoy his/her bill rights, the appearance of the indorsement interrupted and so on.The second section has a series of detailed researches on the specific problems involved the uninterrupted series of indorsement of bill. Mainly including as followed as: Firstly, the holder may prove his/her rights of bill by occupancy when original bill with blank endorsement is transferred without successive indorsement. Secondly, the forbidden records may interrupt series of indorsement of bill. Thirdly, the obliteration made by holder has no influence on the successive indorsement of bill. Fourthly, whenthe obliteration made by holder has influence on the successive indorsement of bill, it can be recongnized that no obliteration made by holder. Whereas, when the obliteration made by holder has no influence on the successive indorsement of bill, it can be acknowledged that no obliteration records. Fifthly, in artificial indorsement of bill, only if the artificial indorsement accorded with the regulations concerned form of indorsement, the artificial indorsement would have no influence on the succession of indorsement of bill. Sixthly, the problem whether the genuine indorsement results in the succession of indorsement of bill inevitably depends upon the common standard of the succession of indorsement. Seventhly, in indorsement by mandate, when the indorsed person takes money by agency, the succession of indorsement inspected has the same standards as the common one. And indorsement of pledge has the similar principles and standards. Finally, the derivative acquisition of bills may cause certain degree effects on the succession of indorsement.The third section provides and analyzes a various of detailed cases so that the writer can disclose how to realize and apply the fundamental principles of bill law whenever judges hear cases concerned bill in courts of the P.R.C.The last section raises some reasonable suggestions aiming at improving the defects appeared from the Bill Law of the P.R.C. and the Current Judicial Explanations for the Bill Law of the P.R.C.