Research Concerning The Negotiable Instruments Bearing Forged Indorsement

Now there are many cases caused by the forged indorsement on negotiable instruments, within those cases, there have severe inconsistency between the party whose indorsement has been forged and the party who accepts or pays such instruments. As to those cases, the Chinese Negotiable Instrument Law does not have sufficient system to resolve, and the theory of negotiable instrument also does not provide enough assistance. The provisions of the two different legal systems of Negotiable Instrument express different attitudes and value direction toward this problem. This thesis bases on the parties involved in such dispute, analyzing those legal factors related to the dispute, researching changes of benefit between those parties, displaying the problem more vivid and more explicit, to perfect the correspond of theory and legislation.This thesis divided into three chapters, they are: the advance of the problem of the negotiable instruments bearing forged indorsement, the legal analysis of the problem, and the discussion of legislation concerning the problem.First Chapter: First, starting from a case of local court, it outlines the basic structure of the negotiable instruments bearing forged indorsement, and the legal problem caused by that activity, i.e. (1) Whether the transfer of instrument bearing forged indorsement has legal effectiveness? Is the party who accepts or pays such instrument an"owner"of the instrument? (2) Of these parties who deal with stolen check in good faith, which are liable in...