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Discussion Of The Consideration In Negotiable Instrument

Posted on:2007-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:R HanFull Text:PDF
GTID:2166360185957338Subject:Civil and Commercial Law
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Consideration is a concept of Anglo-American law. Consideration in Negotiable Instrument, which originated from Anglo-American law, is an important concept in Negotiable Instrument law. In Anglo-American law, the importance of the consideration in Negotiable Instrument focuses on the identity of the holder in due course. It is hard to find the concept of consideration in the legal system of Geneva. But in recent years, many countries which belong to the legal system of Geneva have absorbed the concept of consideration. Meanwhile, it is first time for Chinese Negotiable Instrument law to cite this concept. However, there also have some weaknesses in the extent and depth of the consideration system. The consideration in Negotiable Instrument is an important concept. It is a symbolization of principle of good faith. It plays an important role in maintaining the balance between the principle of good faith and the abstract of bill, in protecting the benefit of the party with good faith, in maintaining the safety of negotiable of Negotiable Instrument. So, studying on the consideration deeply has both theoretic and practical meanings. Based on many kinds of professional articles, literatures and thorough thought of the author, this thesis has made systematic research regarding the consideration in Negotiable Instrument, and presents some personal ideas and opinions. This thesis includes three chapters.The first chapter is the research of the basic theory of consideration in Negotiable Instrument. In the first of this chapter, it discusses the basic theory of consideration in Contract law which includes basic legal connotations, roles and legal characteristics of consideration in Contract law. The author points out that the fundamental attributes of consideration lies in that one party is injured and the other party is benefited. Then discusses the legal connotations of the consideration in Negotiable Instrument in both Anglo-American law and Chinese Negotiable Instrument law. In the end,...
Keywords/Search Tags:Consideration
PDF Full Text Request
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