Studies On No Sequent Endorsement Of Bill

Commodity in the modern economy and society, between different places and exotic business dealings have become more frequent, off-site and off-site exchange has become necessary to pay money, but notes that payment of securities in different places to become the best tool. The value of the Notes is the flow and the flow of paper depends Endorsement of continuous, discontinuous Endorsement often makes the instrument does not meet the formal requirements, resulting in the discontinuous Endorsement. In this paper, ticket endorsement of discontinuities, mainly through four parts to describe.The first part Endorsement Overview discontinuities. The so-called endorsement is not a continuous flow of bills through multiple links, the endorsement in which one or a few times, the first time and endorsed endorsee endorsement endorser after the name of an inconsistency or notes on the records of the payee and the first an endorsement of the name of the endorser inconsistent. According to China's "Law of Bills," Article 31, paragraph 2, provides uninterrupted series refers to the transfer of bills, transfer money order with the transferee bill endorser endorser's signature on the bill sequential consistency. Endorsement endorsement discontinuity is the opposite of straight. China's Law of Bills introduced in the endorsement issue is the continuous forms of continuous doctrine. According to China's "instrument law" the provisions of Article 31, uninterrupted series refers to the transfer in the transfer of draft bills were endorsed to the transferee bill was endorsed on the bill signing in the sequential consistency, the instrument transferable by endorsement endorsement should have continuity, continuous endorsement holder to prove the right fare. Endorsement of China in the identification of continuous existence of the rules on the practice of blind spots, making continuity Endorsement identified in practice there are more controllable, as the drawee refuses to pay the fare provided a lot of reasons, ticket human rights instruments to achieve their own loss of predictability, a lot of people do not want to use this method of payment instrument, which impede the flow of paper in China. Uninterrupted series or not affect the validity of the transfer rights instruments, which greatly affect the flow of bills, notes liquidity issue is the lifeblood of the legal system notes the problem, we must attach importance to and to perfect. Author's opinion, our legislation has been in the paper on the issue of continuity Endorsement made a fundamental requirement, although the legislation still exist imperfections, but we further improve the continuity of the issue of endorsement should be to more attention to the question of endorsement is not continuous, at present, both the legislative instruments in China, or in the theoretical study notes, endorsement discontinuity has been neglected, endorsement is not continuous and uninterrupted series complementary and closely related problem, only to solve the problem of discontinuity endorsement endorsement to solve the continuity problem.The second part is discontinuous Endorsement causes. Research Endorsement of discontinuity must be discontinuous Endorsement causes, it can be targeted, to know where the problem is to solve the problem targeted. Endorsement of discrete causes include a summary of notes following the endorsement by the resulting discontinuity endorser and endorsee endorsement different result is not a continuous, "Collection endorsement" endorsement is not caused by continuous caused an invalid endorsement endorsement endorsement discrete and terror caused by the endorsement of five discrete small part of the system to a more comprehensive understanding of the causes discontinuous endorsement.The third part is discontinuous Endorsement legal consequences. Discontinuous endorsement holder can not be presumed legitimate right holders of Notes, the holders of the payer paying endorsement discontinuous, to bear the risk of erroneous payments, so combined with "Negotiable Instruments Law," 57 and Justice explanation of the above provisions should be endorsed by the effect of discontinuous adopted the following rules: (1) the delivery by a simple transfer of bearer instruments, and fully endorse the notes, the transfer is null and void, and finally to a simple delivery to the transferee holder of bearer instruments or completely endorsed bills, resulting in bills on the last link recorded endorsee inconsistent with the actual ticket holders, regardless of whether the row before the endorsement, the holder can not be made the right notes; (2) Endorsement is to prove the significance of continuous Note holder has the legal right to endorse the discontinuity is also just cause "does not have the right to prove the effectiveness of" or "affect the right to exercise the rights and duties to fulfill their obligations." When the rights holders can not use uninterrupted series of notes to prove their rights, may also use other means to prove the right notes, if human rights instruments through the legal evidence that the instrument essentially continuous, or prove that he is the rightful holder of the Notes remains could get the right notes; (3) The final summary of the holder through the notes made by the following notes, the original holder's endorsement was not based on the transfer or delivery of the transfer made simple instruments, resulting in the final part of endorsement is not continuous, the final holding votes in accordance with law to the proof the transfer was not based on the original holder, but on the inheritance, merger, bankruptcy, legal reasons made instruments, you can confirm the right notes right before the show, this is not the right to prove the effectiveness of continuous non-endorsement ; (4) Note the debtor is not an endorsement of the holder the right to conduct continuous defense, refused to pay, if not defend, do not pay the holder a continuous endorsement, should bear the responsibility for payment errors, but when the final evidence that it is the legitimate holder of the right people, the paper notes the debtor shall perform the duties.The fourth part is discontinuous Endorsement to solve related problems. Endorsement of the problem of discontinuity, we must deal with discontinuous Endorsement issues related to endorsement of the bills have a discontinuity depth and systematic study to the problems on which to find a reasonable solution. This section first discusses the endorsement wrong notes do not pay straight question of responsibility for payment for the payer of the obligation to review notes to determine this issue, the law should explicitly endorse the payer only has a review of forms of continuous duty payer on the forms of payment can be a continuous endorsement exemption, such provision, working with the bearer negotiable instrument by endorsement forms of continuous legal structure provides for the right to match each other. In order to enhance the security of payment instrument, if the parties want to use the way the contract agreed by the payer on the endorsement of the substantive Lianxu obligations should be reviewed, the law does not Yingdang prohibited; second paper discusses the perfect signature system, matching requirements Notes signature on the instrument is important, my shortcomings on the signature-related system is mainly a place to set my account there is insecurity, notes deficiencies in the form of signature, the provisions of existing natural signature three-part question; again discussed The law should provide a blank endorsement endorsement case continuity, and from the mind through the fill and not fill the blank endorsement blank endorsement in mind two aspects to be discussed.