The Research On Forgey And Risk-Sharing

Forgery refers to the purpose of execute the right of forgery, impersonating another person or fictitious others'name in the paper for the signature. For forgery appears to be not difference as compare to forge behavior. The essence of forgery of commercial instrument lies in the forgery of signature. Theoretically speaking, a party who suffers losses is authorized to request the forger to compensate. However, it's not always the case. The forger is often incompetent to pay or avoid paying off, coursing a side which suffers losses to be unable to obtain the compensation in fact. Therefore, parties who had the duty to undertake others'losses but only to request the forger to compensate undertake the risk of forgery of commercial instrument.On the occasion of forged endorsement, the risk responsibility is attributed to the forged person under the Geneva commercial instrument legal system, whereas the risk responsibility is mainly attributed to the forger immediate subsequent one under the Anglo-American commercial instrument legal system. It does not make a direct instrument law in our country. We only infer from the relevant provisions of the bearer, the payer, forged man, Signature person possible have to bear risks. Thus, it causes confusion in understanding the relevant laws, and then set obstacle to the application of the law applies. How to balance rights and obligations among forgers, payers and backhand of forged is the core problem. The sense of settle the consummation of forgery of commercial instrument's risk responsibility is located in how to balance the bills of rights between the parties.Balance the rights and obligations between forger, the payer and the bade hand of forged are the core problem. At a forged endorsement, we put emphasis on constrain the rights of forged notes, offer the payer rights to defense; when the paper's signature on the seal is true, the payer need not assume the risks of counterfeit bills. At forged endorsement, forgers are offered the right to demand the malicious forger return the benefits; Building layer construction of ticket holders'right. Protect the goodwill ticket holder, at the same time; reinforce the responsibility of direct back hand.