Research On Correlative Legal Problems Of Negotiable Instruments Successive Endorsement

The successive endorsement refers to during the process of endorsing which orders to transfer the bill right, the signature and name which signed by the endorser who transfers the right and the endorsee who assigns the right link up on the order. The endorser who endorses first is the payee that records on the bill, when the bill has a lot of endorsement, the endorsee who endorses last time is the endorse who endorses the last once in formal. Connect with this order, the last endorse is the bearer. The successive endorsement is successive whether in form or in substance, reflects that it has different value orientation and the principle of risk assumption. In the Geneva Convention and the United Nations Convention on International bill of exchange and promissory note, the successive endorsement only in formal can constitute the continuous endorse. In other words if the signatures of endorse link up in formal and every one accords with the request of Negotiable Instruments Law, it is successive endorsement. Anglo—American Law System implement substantially continuous system, our Negotiable Instrument Law put the formal successive endorsement into practice. The judgment standard of the form consecution , benefits to protect the behalf of the bearer and the circulation of bill, and it is in accordance with the putative effectiveness of successive endorsement. But, because some legal status intervene the process of bill circulating such as forgery of bill, blank endorsement , cancellation of endorsement and simple delivery, bring stated impediment to cognizance of the continuity of endorsement . How to solve the question about whether successive or not of endorsement in bill circulating, protect the right of bill holder, each country has different method. With the theory of successive endorsement, this text expatiates the essential content aim at four legal status which effect successive endorsement mentioned above. The contents are as follows: Chapter one discusses the relation between the successive endorsement and the forgery of endorsement. Through comparing the different regulations in the two legal systems, the author gets the conclusion that its essence lies in the answer whether the forged endorsement can interrupt the continuity of endorsement. The Geneva System deems that forged endorsement is void for the forge, but owning to it force on appearance, the endorsement is still continue in form. The holder can prove his or her right through the continuous endorsement, and the endorsee of the forged endorsement can prove his or her right of bill and be the legal holder by the continues endorsement as long as he or she bears no intention or gross negligence when getting the bill. The serious endorsements aftermath are all valid and every holder can get the 100 percent right on the bill. At the same time, the author try to summarize some own arguments from the comparison above and try to put forward some suggestion for the legal research of our country. Chapter two discusses the relation between the successive endorsement and the blank endorsement. Blank endorsement is defined as one kind of endorsement made by the mere writing of the endorser's name on the note or bill, without mention of the name of any person in whose favor the endorsement is made, but with the implied understanding that any lawful holder may fill in his or her own name above the endorsement if he or she so chooses. Being one kind of formal endorsement, the blank one owns its particular form. Since there are several means to transfer for it, the author analyzes the different influence of every method to successive endorsement, and the problems bringing by recording the blank endorsement into signed endorsement and the irrationality of the forbidden attitude to the blank endorsement in our Negotiable Instruments Law. Chapter three discusses the relation between the successive endorsement and the cancellation of endorsement. The so called cancellation of endorsement means the indented action which aims to smear or remove the...