The Research On The Remedies For The Forfeiture Of The Blank Note

Owning to its specialty in form and its key function in economics, the blank note or bill has been the focus of the research in the negotiable instruments law from the very beginning. For the time being, the legislation and legal practice generally took the blank not as an exception for the literary content principle and admit it. At the same time, there are many concerning regulations in that area. It is held that the negotiable law is highly universal unified and has advanced technique, but our now legislation take strictly conservative attitude towards the blank note, only admitting the validity of blank amount of money and the blank payee, and leaving others items untouched, which is against the trend of the international cooperation and unification. It is a realistic and objective demand for the protection for the bill right, for the normalization of the bill using and for the safe circulation of the blank note in case of the possibility of the missing or forfeiture of the bill. It is easy to cause trouble in the real economics life because the special form of the blank note. Then how to protect and remedy is to be a hot topic in the academic circle. In this article, the author tries hard to analyze the character and nature of the blank note, and she also tries to elaborate the concrete means of remedy on the basis of recognizing its validity and protecting the third party in good will. Our concerning legislation is set up from the soil of legal borrowing and transplanting, by keeping the traditional commercial customs and learning from the continental and Anglo-Saxon legal doctrines, and accumulates its own characteristics. And it is generally held as a means of remedy by doing lost and found declaration in the real economic life. But what about the missing of blank note? There are some complexes and difficulties both in legal theory and the legal practices for it, so the author tries to conduct related research in the following parts and hope to draw some conclusions, especially in reference to the Geneva Unified Negotiable Instruments System. There three chapters in this thesis. The first chapter concerns the character of the blank note, i.e., whether the blank note can be valid. The answer to the question above is the prerequisite for the solution to the various problems in the blank note system. The author uses four sections to elaborate this question. Firstly, she introduces the related academic argument, which can be generalized as the negative ones and the positives ones and the author holds the former. Secondly, she tries to prove the existence of the blank note cart favor for the economic development and international trade, which can be called the fundamental reason for its existence. Thirdly, the author compares the related concepts in the spectrum of incomplete instrument, by which means to clarify its validity. The forth sections articulates on the validity before and after its being filled and when the right to fill is abused. The second chapter focuses the special remedy for the forfeiture of the blank note. Our concerning legislation is set up from the soil of legal borrowing and transplanting, by keeping the traditional commercial customs and learning from the continental and Anglo-Saxon legal doctrines, and accumulates its own characteristics. There are four kinds of remedy in our country about the note missing, which includes the reporting the loss to stop payment and making known to public to interpellate. In order to defog in this topic, the author uses two sections. Firstly, the author argues that the reporting the loss to stop payment can be used in the using of for the Forfeiture. But since the special form of the blank note, the agent who miss the note will never know the content on the note before the noting on payment, so there should be some special points in the concerning topic. The second section concerns the reasons for the making know to public to interpellate and its constitution, including the effects and so on. The third chapter includes some research on the common remedy for the missing of the blank note, which also can be classified into two sections. The...