Study Of Conflict Of Negotiable Instruments Law Among Hong Kong, Macao, Taiwan And China

Hong Kong , Macao, Taiwan and China lie in different scopes of law, there are different legal system and legal custom in these districts, so all kinds of conflicts of law must exist, the conflict of negotiable instruments law is a kind of these conflicts of law. At present, in China nobody research conflict of negotiable instruments law among Hong Kong , Macao, Taiwan and China, somebody only research international conflict of negotiable instruments law, and focus on private international law, namely how to choose conflict rules of negotiable instruments law and how to apply conflict system of Chinese negotiable instruments law. They research difference of negotiable instruments law between two families of law and how to resolve these problem, namely they focus on comparing the Anglo-American law system with the Geneva Convention. However, the conflict of negotiable instruments law among Hong Kong , Macao, Taiwan and China is different from international conflict of negotiable instruments law, it is a kind of district conflict of law. Although it can be resolved by international method, its character isn't international. However, limited by practical condition, the conflict of negotiable instruments law among Hong Kong , Macao , Taiwan and China can use little international method. So law theory and judicial practice all should pay attention to how to resolve this problem better. This article researches conflict of negotiable instruments law among Hong Kong , Macao , Taiwan and China, and choose three representative problem, which are conflict of law in negotiable instruments disposing capacity , conflict of law in negotiable instruments recordation and conflict of law in negotiable instruments limitation among Hong Kong , Macao, Taiwan and China. This article tries to probe into conflict of negotiable instruments law among Hong Kong , Macao , Taiwan and China, and tries to find how to resolve this problem better. This article is parted to five parts, then we will introduce contents of all parts summarily. The first part is introduction, which summarily narrate root of conflict of negotiable instruments law and international method and legal system to resolve it. This part focuses on explaining that Hong Kong , Macao , Taiwan and China lie in different scopes of law and different families of law, so conflict of negotiable instruments law must exist. At the same time, this part summarily enumerate important codes in resolving conflict of negotiable instruments law among Hong Kong , Macao , Taiwan and China , in order to make readers know this question as a whole . The second part is conflict of law in negotiable instruments disposing capacity among Hong Kong , Macao , Taiwan and China, the negotiable instruments disposing capacity is essential element of negotiable instruments transaction, a valid bill is subscribed by person who have negotiable instruments disposing capacity. First, this part compares legal system of negotiable instruments disposing capacity of Hong Kong , Macao , Taiwan and China, by comparing we know that legal system of negotiable instruments disposing capacity of corporation and unincorporated society is the same in Hong Kong , Macao , Taiwan and China, so conflict of law can't exist, problem focus on conflict of law in negotiable instruments disposing capacity of natural person. This question only is prescribed in negotiable instruments law summarily, further question must be resolved by legal system of natural person disposing capacity in civil law. China prescribe full negotiable instruments disposing capacity and negotiable instruments disposingincapacity. Taiwan prescribe full negotiable instruments disposing capacity , Limited negotiable instruments disposing capacity and bills disposing incapacity. Hong Kong and Macao prescribe full negotiable instruments disposing capacity and Limited negotiable instruments disposing capacity. However, in four scopes of law legal system of limit in age and extension in right all are different, many conflicts of law must exist. Then this part explain what conflict rules are used when conflict of law in negotiable instruments disposing capacity occur, and illustrate the result is different by using different conflict rules when a kind of conflict of law in negotiable instruments disposing capacity occur . The third part is conflict of law in negotiable instruments recordation among Hong Kong , Macao , Taiwan and China, valid negotiable instruments transaction lie on negotiable instruments recordation. This part focuses on comparing all kinds of negotiable instruments recordation of Hong Kong , Macao , Taiwan and China, especially bill of exchange. This part compares every negotiable instruments recordation respectively, so the difference in negotiable instruments recordation of Hong Kong , Macao , Taiwan and China is very clear. By comparing we know that their difference in this problem is very much, and they are very fussy and very small. So researching negotiable instruments law is very important if you want to resolve this problem. Then this part explain what conflict rules are used when conflict of law in negotiable instruments recordation occur, we know these codes are simple correspondingly, and illustrate the result is different by using different conflict rules. The fourth part is conflict of law in negotiable instruments limitation among Hong Kong , Macao , Taiwan and China, legal system of negotiableinstruments limitation is a kind of entity rules in Taiwan and China, it is a kind of lawsuit rules in Hong Kong and Macao. First, this part introduce legal system of negotiable instruments limitation in Hong Kong , Macao , Taiwan and China, the problem of negotiable instruments limitation can't only be resolved by their negotiable instruments law, it must be resolved by civil law at the same time. However, length of limitation and condition of right after limitation is end are very different, conflict of law must exist. Then this part explain what conflict rules are used when conflict of law in negotiable instruments limitation occur , and illustrate the result is different by going to different courts and using different conflict rules . This fifth part is conclusion, this part summarizes whole-length contents, and abstracts conclusion of every part. At the same time, this part clarifies resolving conflict of negotiable instruments law not only lie on district private law, but also negotiable instruments law. This article researches conflict of negotiable instruments law among Hong Kong , Macao, Taiwan and China. By unscrambling and analyzing material legal system, it aims at making this problem get clearer and more logical, which are difference of negotiable instruments of Hong Kong , Macao ,Taiwan and China and how to resolve, which is the first aim of this article. By researching material problem, this article make readers know that researching should focus on district private law and negotiable instruments law if you want to resolve conflict of negotiable instruments law better, which is the second aim of this article. On the one hand, by researching the negotiable instruments law, readers can know difference in negotiable instruments law of every district, and nip in the bud. On the other hand, by researching the conflict of laws, the problem can be resolved easily after...