Research On Legal Relation Of False Signature

Negotiable Instrument forgery is an abnormity form of action on negotiable instrument. Default cased by forgery makes the relationship among parties change and contingent to the other relationships. Forgery has no difference with action on negotiable instrument concerning on the appearance, and has full format requirement, so forged instrument is effective instrument at the format, and do not be of no effect. While action on instrument is an action with restricted format action, and has force effect only with form requirement, therefore, forged instrument caused certain relationship according to the context on the instrument. However, because of the void of forgery, there may have other legal relationship outside the instrument, that is non-relation of instrument. Therefore, the relationship forgery is the special and complex issue. Based on the factor of legal relationship, I divided this thesis into three parts, discuss deeply the principal party, object, content and obligation of legal relationship of forgery instrument.The first part mainly expounds the principal party and object of legal relationship of forgery instrument. There have many parties within the legal relationship of forgery instrument, include forger, the party whose signature has been forged, holder, the party who sign his name on the instrument and payer. The forger is the actual actor of the forged instrument, but forger is not the"actor", he forged intentionally with the purpose of getting illegal benefit. The party whose signature has been forged by the forger, he usually does not the actual person, and he should be good faith of the forgery. The holder is the person who holds the instrument actually, and can be divided into two kinds:...