On Rights In The Law Of Negotiable Instruments

Compared with rights associated with the negotiable instruments, the rights in the law of negotiable instruments are prescribed by the Negotiable Instrument Law directly. They do not exist on the preconditions of a legal negotiable instrument, and have no direct connection with instruments action. Usually they are kinds of assistant rights taken by negotiable instrument obligees in case of the rights associated with the negotiable instrument not being able to be exercised by them normally. And the rights in the law of negotiable instruments are also different from the civil rights in terms of rooting in the negotiable instrument circulation. The negotiable instrument rights are not prescribed explicitly when the Negotiable Instrument Law was legislated, but just contained implicitly in some articles of the law. Later the Highest People Court of PRC itemized those rights in its interpretation of the Negotiable Instrument Law. But in the theoretical field of negotiable instrument law, profound investigation and discussion of the rights in the law of negotiable instruments are scarce.This thesis is comprised of six parts. The first part is an introduction to the rights in the law of negotiable instruments. The second probes the categories of the rights in the law of negotiable instruments and would be the focus of the thesis. With this part, the reader could have a general idea of what the rights in the law of negotiable instruments are. As the categories of those rights are numerous, and each of them could be extended to an independent thesis, hereby, I just explore the major points, and make no detailed discussion of what have been researched into fully or agreed on commonly before. The right of remedy for loss of instruments is discussed emphatically for the following reasons: first, it has not been fully discussed before; second, this kind of right has close connection with the judiciary practice. The rights of claim for reinstitution interest and remedy for loss of instruments fall into the third and fourth parts of the thesis respectively. The exertion of the rights in the law of negotiable instruments is discussed in the fifth part, and the sixth is the epilogue.