On Bona Fide Acquisition Of Rights Associated With The Negotiable Instruments

Rights of negotiable instrument acquired in good faith,which is a very important instrument in Negotiable Instruments Law . Liquidity is the fundamental reason for the negotiable instrument, and also offer lasting strong vitality.Rights of negotiable instrument acquired in good faith is a special design of the system to protect the flow of negotiable instrument,and to achieve a fair value in law for the economic value.This text is divided into four chapters total.In Chapter one, the thesis discusses the origin of bona fide acquisition of rights associated with the negotiable instruments. Firstly, it is the basic theory of the bona fide acquisition of rights associated with the negotiable instruments. The bona fide acquisition of rights associated with the negotiable instruments, which is also known as the right to obtain the paper. It refers to paper regardless of the manner in which the loss, as long as the notes are in accordance with the Negotiable Instruments Law provides that the assignee of the assignment in good faith and without gross negligence from the grantor the right to obtain the form of instrument law in line with the complete Notes. The bona fide acquisition of rights associated with the negotiable instruments has a reasonable basis, that is, dynamic transaction security protection, fueling the flow of bills. Secondly, it's the analyses of difference between the bona fide acquisition of rights associated with the negotiable instruments and the bona fide possession of chattel. The bona fide possession of chattel is the foundation of the bona fide acquisition of rights associated with the negotiable instruments. Though they have many same points, the instruments made in good faith, after all, the rights of a creditor's rights are acquired, the property acquired in good faith and there is much differences.(1)different in nature (2)different in transfer behavior (3) the different aspects of the grantor; (4) the different aspects of the assignee. Finally the paper discusses the origin of rights acquired in good faith. By the historical development of the bona fide possession of bill rights, it through the following stages: (1)the Roman law possession in good faith; (2) German law of "hand in hand" concept; (3) on France and France the limitation of real-time access to system; (4) on Germany and France to obtain the goodwill of the system; (5) Anglo-American law system made up of goodwill. The Legislative Example of the bona fide possession of bill rights depends on the country's legal traditions and legislative technologies. Because of the situations in different countries, it can be roughly divided into three modes: Geneva Model Law Commission votes, British Law of the legitimate cases, the system in Mainland China and China Taiwan about the Law of the"positive interpretation"mode.In Chapter two, the main content is the analysis of bona fide possession of bill rights nature. The first question firstly states the nature of the act of notes made on the impact of goodwill. The notes conduct is a kind of legal act. There are three Theories about the notes conduct: (1) individual acts theory (2) behavior contract theory (3) rights Appearance theory. The second question is the essence of the bona fide possession of bill rights. The bona fide possession of bill rights is the original acquirement. The purpose of this system is to ensure that the circulation of notes and security, and fully exert the function of instruments. Rights instrument acquired in good faith is the substance of the right notes at the expense of real people's interests, to eliminate the power of notes made on the assignee at the flaw, so not only in the form of notes to become the assignee the right notes, but has also become, in essence, Human rights instruments. The third issue is the right instrument for the rights acquired in good faith on the flaw. The results for the good, the flaw is usually the right to make up for, that is, the rights holders are people who never received bills, thereby gaining the right notes.In Chapter three, the main content is the establishment of the Elements of the bona fide possession of bill rights. Because of Rights instruments in good faith the results is to the right people had lost the true power of the system to protect the interests of bona fide third person, the rights of indigenous people must have been a loss. Therefore, the paper is based on the rights acquired in good faith the interests of indigenous people the right to the cost of damage. The bona fide possession must have the conditions, only achieved in the element of goodwill in order to recognize the rights acquired in good faith bills. Rights instrument acquired in good faith should be in line with the following conditions: (1) the bond from people who have never dispose of negotiable instrument ; (2)the transfer must be made in accordance with the Negotiable Instruments Law;(3)the assignee must be good faith with no major mistakes; (4) the object of the assignee must be made in good faith is a legal permit the circulation of movable property;(5) the assignee must be made to pay bills on the price.In Chapter four, the content is the legal effect of the bona fide possession of bill rights. The author presented the first paper made in good faith the right to legal effect. Negotiable Instruments Law to obtain good system, certainly from a legal assignee good relation in the chain of debt instruments in the legal status of the instruments to maintain the normal circulation. Legal effect of it in the following three aspects: (1)The good intentions obtains a person originality to obtain negotiable instrument right;(2)the rights of indigenous people lose their negotiable instrument rights;(3)the right that created by the rule eliminate the right of all subordinate.Secondly, the paper states the Rights and obligations relationship of the rights of indigenous people and person acquired in good faith. Made in the case of goodwill, loss of indigenous people the right notes, he made with the people and their way of escape in good faith the existence of the relationship between rights and obligations of paper? That is, the rights of indigenous people at the loss of the right notes at the same time, whether as a debtor bills? In essence, this problem is made in good faith at the request of people and their way of escape payment or acceptance was refused, the person can apply to the exercise of the right to recourse. There are many different opinions to response to this theoretical problem. Author through the analysis of the relevant arguments put forward their views and solutions. Specific to two situations: One case, endorsement of the original notes are bearer instruments; the other case, the original notes are blank paper. The last of our instruments are made in good faith the right to the distribution of the burden of proof in the legislative proposals. For the right notes in the end the parties acquired in good faith or good intentions are malicious, especially in the third person in good faith, objectively speaking, are not malicious, it is necessary to be that evidence, however, is a subjective attitude of goodwill, related to burden of proof from the third person to prove its goodwill, burden of proof should not presumed to be malicious, or should be presumed to question their good faith, rules of evidence appear different from a direct impact on the outcome. In order to balance the pros and cons, I think should be the right notes about the physical well-made instruments of legislation expressly provides that the transferee is obliged to provide evidence of their goodwill, or presumed to be malicious in order to achieve well-made instrument law system set the legislative mind, the protection system was not in good faith malicious abuse of the assignee, the assignee of course, paper delivered at the process of transfer of ownership in good faith must always be made in good faith in order to apply the system.