On The Doctrine Of Holder In Due Course In Anglo-American Negotiable Instrument Law

Holder in due course doctrine is an important doctrine in Anglo-American negotiable instrument law, also an unavoidable issue when studying in this field. Focusing on the protection of good faith and value holder, the doctrine plays an important role in promoting the negotiation of the bill. Comparing with the success on the study of this doctrine in western country, it is still a new topic for us. The writer holds following with the trend of combination between different law systems, China's Document Law starts to bring in some new concepts from the other law system. Due to lacking of further study on Anglo-American negotiable instrument law, there appears to be a gap between the theory study and law making in China. Therefore it seems to be necessary to pay much more attention on the holder in due course doctrine which is the"deep water"behind the Anglo-American negotiable instrument law.The dissertation has four chapters. Part One of this paper discusses the basic theory issues of holder in due course doctrine. Part Two analysis the standards which used to judge who is a holder in due course. Part Three illustrates the rights of holder in due course combining with the problems in practice. Finally the last part gives the suggestions on how to build perfect Chinese bill of exchange law.Surrounding with the protection of good faith and value holder, Holder in due course doctrine has a purpose of prompting negotiating of the bill. Further study on this doctrine will give us a new view for perfecting our Document Law.