On The Legal Effects Of Blank Negotiable Instruments

Produced by the urgent demand of economic efficiency, the blank instrument system combines the strong theoretical and practical significance in itself. It has been accepted nowadays by many developed countries and relevant international compacts and pledges. The legislative establishment and practical use of blank instruments are mainly presented by their effect, for which there is no clear and complete stipulation in terms of The Instrument Law of the People's Republic of China in effect. The thesis here, beginning with an analysis of the effect system of blank instrument, is trying to seek for improvement on the system.This thesis consists of three parts:The first chapter tells mainly about the legislative and theoretical basis of blank instrument effect. Firstly, it is shown clearly in this chapter the necessity to recognize blank instruments. The legislation of blank instrument system derives from the practical demand of social economic activities and fully represents the will autonomy of the subjects in civil and commercial law. Facing such a thing newly emerging, it is better to accept it boldly and provide it with a lawfully protected environment of security, perfection and feasibility than to put up obstacles by all means. Secondly, the thesis makes a preliminary observation of the applicability of exteriorism to blank instrument system, which serves as a theoretical bedding for its further analysis of the system. Based on the corresponding match between the components of exteriorism and the blank instrument system, this part makes an analysis of the relationship between the two. Thirdly, on the basis of the recognition of the blank instruments, the thesis defines clearly the tenable criteria as well as categories of blank instruments. In the end, this chapter gives out the explanation of the right nature defined by a blank instrument because the nature of the right defines the effect of the right in most cases.With the theoretical support of the first chapter, the second chapter goes into the analysis of the legislative effect of blank instruments, among which...