The Research On The Conflict Of The Instrument Laws

This paper comprises three parts: the causes of the conflict of the instrument laws, the concrete manifestations of the conflict, solution to the conflict.Part one is about the causes of the conflict of the instrument laws. This section mainly discusses the various causes of the conflict of the instrument laws. Different countries have different ideas about the behavior theory of notes. There are mainly two inconsistent ideas: the theory of behavior contract and the theory of unilateral acts. And the behavior contract is divided into two opposing views: the plural and singular. About the appearance of the notes national legislation have different legal rules, mainly for the items recorded, such as textual records, the votes on the record, the recipient's records, the amount of records, the records of interest. Because notes have the type of features, so notes should meet the statutory instrument to be effective notes. Because the instrument behavior theory, legislative tradition, legislative technical differences, about the notes countries are also inconsistent with the legislative style, mainly as the relationship of Instrument Laws and the civil law, the general concept of notes, the relationship between Instrument laws and check law. This will inevitably lead to States in the legislative instrument style different. It resulted for different national legal rules when dealing with the note disputes. With the development of the international commercial transactions, the transnational mobility of note become more frequent, which will lead countries laws conflict in the notes application. Although the international community make great effort to draft several unified convention of notes, but many countries have different instrument in nature of the acts, legislative tradition and legislation style. In fact, the application of convention is very limited in many countries. So those unified conventions are not accepted by many countries. Many countries didn't join the convention, and some countries join the convention but not wholly accept the terms. And some countries remain reservations about some terms of convention. Therefore, the international unified convention can't eliminate the conflict of notes absolutely. International unifying of instrument laws is a long and tortuous process, the conflict of laws will be existed for a long time.Part two is about the concrete manifestations of conflict of the instrument laws. This part mainly discusses the specific performance of the conflict of the instrument laws: the legal conflict of the client's capacity, the legal conflict of behavior, the conflict of the effectiveness of notes, the conflict of exercising the right and the preservation of the notes right. Notes client have capacity should satisfy two preconditions. Firstly, client should attain the age of majority. Secondly, their mind is normal, and they can correctly recognize and understand their own behavior and be able to independently undertake the legal consequences for their actions.Therefore, the conflict of client's capacity performance on the age of majority and the national capacity, and those are different in many countries. Notes is a to-type securities, there are stringent requirements about the appearance of the form of it. Notes should be complying with the form, it will be effective. The legal conflict of notes manifest in the types of behavior and the to-type, such as signature, writing, and some other styles. The legal conflict of effectiveness of notes mainly reflected in the explanation of the rights and the obligation. Because of the differences of the countries in the explanation, when we define the behavior of the notes will make what the rights and obligations, leading to different legal effectiveness.The right of note is a kind of second claim, including the payment claims and recourse. Exercising the right and preserving the right are two acts which are different but interrelated with each other. The exercise of the right interrupts the prescription of the note, and the preserve of the right guarantees the existence of the right and the effective exercise of the right. The exercising and preserving of the rights of legal conflict, not the action on the note or the debtor, but the righter of the note, It embodies in the period of exercising the right, the period instrument tips, the necessity of the refused certify, the preserve procedures when note is lost. This pare mainly discusses the specific performance of the legal conflict.Part three is about the solutions of the conflict of instrument laws. In legal practice of note, order to solve the legal conflict of the instrument laws every country formulate conflict rules of note which as a solution based on the application of conflict of note. This section analyzes the doctrine and the legislative cases about the legal conflict. And it lists the specific provisions of major countries on the rules of legal conflict, such as the style of exercising, the effective of note, client's capacity and the right to exercise and preservation. But the rules of the legal conflict of note existed conflict between themselves. So it is necessary to introduce the Anti-induced system to resolve the conflict of rules between the conflicts. Remission system is an important institution in private international law. Its application in certain areas in the instrument law to solve the conflict between the conflict rules has very important significance,Since Forgo Case in 1878, which adopted renvoi, has aroused wide attention and research, In academic, there are two opposing views. Some scholars accept the renvoi, some scholars are opposed to the renvoi, Although in international legislation, the relevant international conventions anti-rejection the renvoi, there are many countries adopt it in domestic legislation, especially in the areas of personal law, Obviously, it meets the needs of solving the international conflict of note, There are the kinds of renvoi: direct, induced and indirect anti-induced transfer. The renvoi is not applied In the field of contract, tort, the effectiveness of legal acts. Note have the feature of without case, to type of feature, the context of feature. Of course, in the field of the Law of Note, there is applicable space for envoi. To deal with the dispute of note, Anti-induced system has some superiority. It can make the judgment of national courts into line, and expend the scope of national law. At the same time, Anti-induced system respect the legislation of other countries, to some extent adding the flexibility of the laws in the choice of courts. Although the renvoi has some disadvantages, for example, if all countries adopt anti-induced, it can lead to endless vicious cycle, But we should consider the issue in a development and overall perspective. Every thing have two sides, we should apply the renvoi properly in comfortable fields. In this way, we can achieve our goals to resolve the conflict between the rules of conflict of note, in order to ensure note circulate favorable in different countries.