A Study Of The Principle Of Rechtsscheintheorie In Negotiable Instruments Law

Rechtsscheintheorie places a relatively important significance in the circulation of note, it protects the safety of transactions and goodwill of the interests. In this paper, we completely analysis and research the application of Rechtsscheintheorie in the negotiable instruments law .The first part is about the legal basis of the application of Rechtsscheintheorie in the negotiable instruments law In this section, firsly,introduced two theory: Vertragstheorie and separate acts theory (including Creationstheorie and publicthorie ), analysis both of the pros and cons, clarifying the law of negotiable instruments and applicable principles of the exterior. Followed by analyzing Rechtsscheintheorie and safety of transactions, as well as community-based instruments in circulation, to clarify the theoretical basis of the application of Rechtsscheintheorie in the negotiable instruments law .The second part is the composition of Rechtsscheintheorie. The foundation and prerequisite of the application of Rechtsscheintheorie in the negotiable instruments law is the appearance fact. The appearance fact should have two characteristic of social and legal. Veranlassungsprinzip is one important exterior factor of Rechtsscheintheorie , that is, I am under the free will of the decision led to the occurrence of Rechtsscheintheorie, so it is reasonable for him to be duty on the bad interests, at the same time, it is good for safeguarding the safety of transactions. Transactions relative to the appearance of trust is subjective factor of the application of Rechtsscheintheorie in the negotiable instruments law ,that is, relative to the transactions must be made instruments for goodwill and without gross negligence, can be applied Rechtsscheintheorie. Must pay the price is another important factor for the Rechtsscheintheorie. Consideration in the negotiable instruments law is the consideration that relative parties should be recognized , which calls for the assignee and the price paid by the general amount of the notes, and not an absolute equal.The third part is the application of Rechtsscheintheorie in the negotiable instruments law of the normal activities. Apparent Agency in the paper, as long as the agent of the right to have a reasonable trust others, even if others have confidence in the proxy agent, and there is no goodwill transactions relative to gross negligence, the principles can be applied appearance, so that Notes bear responsibility for the agents. In the paper took, if there was, took notes on the real seal, and I have been authorized to act as one of my own bills, or by the appearance of the objective existence of the facts, then the protection of bona fide third from the trust, and promote circulation paper the perspective of the instrument should be set up to conduct the table, took see, the principle applies appearance so that the person who took the notes responsibility. Violation of the law or social and public interests issued by the Bills, is the bearer of good faith should be protected and can apply the principles of appearance. Blank paper bearer for the goodwill and without gross negligence, the principles can be applied appearance, thereby protecting their interests.Part IV is unusual in the Rechtsscheintheorie of the principle activities of the applicable notes. Bills lost in the circumstances, the instruments of their own people because of negligence, breach of the obligation to pay attention to their own affairs and lead to loss of instruments, the instruments by the person who acts in the appearance of the adverse consequences of the principle it was reasonable. In the case of stolen instruments is different, if people take notes of ordinary people in society recognized by the protective measures and instruments are stolen, then I am not for the stolen instruments give some of the reasons. Therefore, under such circumstances, the principle should not apply appearance. If the bills were negligent acts, in violation of the obligation to pay attention to their own affairs, makes instruments stolen probability increases, the principle can be applied appearance, by its own negative consequences. Notes forged in the circumstances, if forged, forged easy to make, and look at the same time consistent with the principles of the other components, and are able to apply the principle of appearance so that was forged to bear the negative consequences that the bill duty. Notes altered in the event of circumstances, the bearer can enjoy good appearance and the principle of access to instruments interests.