The Exercise And Restriction Of The Right Recourse Of Negotiable Instrument

With the fast development of the market economy, bill activities are increasing. The issuer issues bill. Bill-holder gets the payment according to the payer name on the bill. However, as a credit pay facility, between issuing to paying the bill, bill debtor may refuse paying for subjective or external reason, then bill-holder can not get the fund and the power of asking for payment will not be carried out. For protecting the legal rights and interests of bill-holder, bill recourse system is built in many countries. As a special system, bill recourse is meaningful to maintain safe and accelerate circulation of bill. The thesis intends to study systematically this institution by comparing the law of bill in Anglo-American Legal Systems with that in Geneva Legal Systems. The paper consists of four parts.Part One: General Introduction. Through research on the birth of recourse, this part tries to reveal the circumstance and historical background in which the recourse comes into being. Based on the history of the beginning of the development path of recourse bills start, mainly from changers offer, market instruments, negotiable instruments period of the development process, as well as the demand from the trading practice. Bills have to build and improve relevant legal systems and legal traditions and systems of openness, tolerance, for the market system to provide adequate space for several instruments described the social dimension of the right of recourse it They must. Its essentiality is proved. Comparison between recourse and correlated power is shown as well. Compared with ordinary main recourse debt notes the similarities, notes the similarities and differences between the right to request payment and the right of recourse. Bills seeking reimbursement of the difference between right and benefit, and offer recourse on the Law of the similarities and differences between other powers.Part Two: Basic Meaning. The concept, characteristics, sort and relative people are expounded, then the correlative content of bill recourse can be understood across-the-board. Notes recourse definition in the text of the definition :instrument is recourse or non-payment of bills due prior to its acceptance or not He statutory reasons, according to perform office in the preservation of procedures, their hands before requesting payment of outstanding bills. Interest payments and other statutory rights of instrument. Moreover, the paper elaborated recourse is to supplement the offer right rigorous exercise of the right of recourse to the law, and ticket holders will have the right of recourse to the right of free choice. Allowed to exercise the right of recourse four main features. According to the exercise of the right of recourse offer two main methods for classification and exercise time. Finally, the paper recourse, as well as those who are seeking recourse parties were divided into two major sub-classification of the offer specific recourse the interested parties.Part Three: Exertion and Exert Mode. This part is a key point in the thesis. Combined with the law of bill in Anglo-American Legal Systems and Geneva Legal Systems, by researching on elements of the exercise, dissimilarities of the two systems are pointed out. The deficiency of bill law is farther analyzed on this base. The thesis researches on the exert mode of bill recourse from two aspects. The main part of the essential requirements for the exercise of the right of recourse from paper forms and understand the elements of the two bills right of recourse to the concerned firms Elements so. From then offer the first right of recourse to the exercise of recourse, there are two further recourse to the exercise of the right of recourse to instruments exercise of a study.Part Four: Restriction. It is also the focus of this part of the contents. Law of recourse system is a special system designed to protect human rights instruments rights. When payable to normal, but this time the right to request payment, payable in accordance with legal procedures should be allowed to exercise the right of recourse. the right to make their own remedies, so as to realize the spirit of fairness to the law. However, the exercise of the right of recourse will offer value, and the credit rating of adverse economic interests. Law of circulation because the purpose is to promote and encourage the use of paper and transfer efficiency, and ticket holders who exercise their right of recourse once. The offer is not transferable and circulation and therefore instrument law generally imposes more stringent conditions take effective measures to restrict the exercise of the right of recourse to protect the flow of the transfer paper. Part of the right of recourse from the inherent limitations, recourse to the right of recourse to external constraints and restrictions on the procedures in respect of the three instruments, as well as the meaning of the restrictions on the right of recourse The main types of restrictions.As a tool in modern society, bill has a wide range of application. Bills in circulation on high speed, efficiency and decided to offer a voucher system, which occupies an important position in right. In accordance with the provisions of article four of the Law of negotiable instruments. Recourse with the right to request payment is payable to the debtor's request to offer the right amount of payment instruments. In general civil legal relationships, with a debt on two different provisions of the claims were rare, it can be said that Law of recourse is to strengthen offer safety, liquidity and special instruments to promote a system, understand and grasp this particular system is of great significance for the conduct of operational instruments.