The Research Of Legal Issues About The Loss Of Note

In order to protect the legal right of the bearer, relevant laws and judicial explanations regulate remedial measures for the lost bill specially. Apparently, lawmakers noticed the reality and the possibility of the lost bill, and also designed certain procedures and systems. But these procedures and systems existed some shortage both in theory and practice, making many obligee in reality cannot get timely and effective relief after losing bills. Instead, they're involved in endless legal disputes. I intended to do further research on the lost bill, analyze the shortcoming of the existing systems of the lost bill, discusse how to establish and perfect the relief systems of the lost bill.At first, the basic forms of the lost bill are introduced in this paper, which are divided into the loss and destroy of bill, the loss and forgetting of bill, bill being stolen, bill being forgotton and bill being pretended lost. And I made a detailed analysis for the five basic forms of the lost bill.In the second part of this paper, three redress ways in the laws of our country for lost bill are introduced, which are in cases of loss, public peremptory notice and common action. After analysis and comparison among the three ways, some unclear and unsolved questions about the relief systems after losing bills in theory and practice are raised: One, the rights disputes between the applicant and the claimant are not solved after the public peremptory notice ends, at this moment, should the court notice the drawee not to pay? Two, the limitations of the applicant in public peremptory notice should be settled out. It pointed out that the range of the public peremptory notice applicant is too narrow to fit for the real economic life. Three, the determination of the effect on invalidating judgment. In common theory, there're two sides of effect that invalidating judgment brings about: one side is the bills lose the effect and no longer stand for right. On the other side, when the loser regains the note right without holding bills, he can ask the drawee and his agent to pay with the court judgments. But the system of invalidating judgment can be understood and applied more clearly only if the other effects of invalidating judgment are clear and definite, such as the right of recouse of the losers after invalidating judgment, and the invalidating judgment has a lawful effect with condition and time limit.In the thirt part, the real possessor are divided into unauthorized possessor and bona fide possessor. Based on different purposes and ways, the unauthorized possessor can be divided into several types as follows: forge bill; pick up or steal blank bill; malicious possession. Through the analysis of three types above, their conceptions are definited in detail, the legal status of different roles in every type are determined and combed. In this part, the keypoint are the constitutive requirements of bona fide possessors and the effect of bona fide acquisition. Through the analysis and comparison of unauthorized possessor and bona fide possessor, the status of the real possessor is determined to clear out the legal status of different possessors. In the last, this paper analyses the confirmation of rights between the human who lasts note and holds the note. Here, some rights disputes have been resolved: the first is the rights disputes between the application man for public summons and the bill owners in this situation that notes false lost. The second is the rights disputes between the man who forgets endorsement and the loser. The third is the rights disputes between the bona-fide transferee and the loser within the period of the public notice. The fourth is the rights disputes between the holder in due course and the loser. And in order to solve the dispute, change phenomenon that disregards the rights of the holder in due course within the period of the public notice, protect the rights of the bona-fide transferee, this paper demonstrates " within the period of the public notice, assignment of rights on the bill shall be void." and thinks it unfair. Lastly, proposes within the period of the public notice, assignment of rights on the bill shall be not void, and in order to protect their liquidity, we should follow non-causality/abstract of bill and literary definition. we should take measures: Identifing the negotiable instruments act is effective, then, analyzing the reasons by the parties. The effectiveness about the act of assignment only have been determined when Court judgments is out.