The Legal Risk-taking Of The Related Parties In A Forged Note

Notes that the falsification, and loss of commitment to the force of law has been instrument law countries are the harmonization of legislation and international instruments difficult. After the bills were counterfeit, forgery to obtain illegal benefits people, naturally someone loss counterfeit bills produced by the loss of eventually forged by the illegal profits to pay people. However, in practice, forged after the interests of people are often unable to access search, when the problem appears to bear the loss - that is, counterfeit bills at the time people should not pay, who should be an instrument to bear the loss of the relationship between people, as well as the forgery has occurred, how balance between the notes of the parties to the relationship between rights and obligations.Forged instrument, as instruments of a flaw, a serious impact on the credit instruments. Forged notes about the division of responsibilities between the parties, in practice the more complex issues are, in theory, there are two modes: one is Kildor-Hicks theory; the other is the principle of shared loss. Some scholars believe that our country in accordance with the principle of fault liability responsibility counterfeit bills should be the best model. The author believes that counterfeit bills at the existence of the parties are at fault, it should be determined in accordance with the principle of fault liability instruments who will bear the duty to protect the instruments fairly legitimate rights and interests of the parties.The legal consequences of forged instruments and risk burden on the field instrument law questions are a very unique problem, both with the instrument's basic theory is closely related to, but also has a strong practical significance. This problem in different countries have different requirements. System of our country in this regard are also not perfect, it is studied. In this paper, some aspects of the following preliminary study, are summarized as follows:Preface part of this article, through a forged endorsement case notes, as well as the court's decision, revealed that the practice of the legal risks of counterfeit notes there is a commitment to recognize the different, which makes the same case in different courts have been contradictory ruling brought to the judicial practice, many problems. Therefore, the study of the legal risks of counterfeit notes problem has a real commitment to the needs and importance.This article discusses the first chapter of counterfeit bills in the multilevel nature of the legal risks and the general principles.In this section, first introduced the concept of forged notes, the form and elements of performance; followed by an analysis of the nature of counterfeit notes that the paper is not forged instrument acts; followed by the introduction of counterfeit bills bear the legal circumstances of the multilevel nature of the risks, the main the introduction Kildor-Hicks theory, hierarchical theory of duty and loss distribution theory; followed on forged bills bear the legal risk in the general principles introduced by the Department of the Geneva Act and the provisions of law different from the statements, our country leads instrument law the provisions of this question and the question of existence.II, III and IV of this article are focused on the content of the notes were forged in the payer, to bearer, the people bear the legal risk of forgery of a comprehensive analysis of the situation, and accordingly the formation of a fifth chapter on the parties risk-sharing between the conclusions of law. One by one the following four chapters in this introduction:In this paper, the introduction chapter in counterfeit bills the payer to bear the legal risk, the risk of the payer the burden of the possibility of operation in the practice notes, which is most likely.In addition, payment in the wrong circumstances, the payer must have a defense if the matter can be removed from the risk of assuming legal responsibility, the question this article will also be discussed in detail there is.Payers bear the legal risk of situations including: the payer of the bills not to review obligations, the payer on the payer's identity prompted the review of obligations not, in bad faith or gross negligence payer payment, payment people in the judicial interpretation of the provisions of 70 cases where payments. Payer counterfeit bills at the wrong assumed responsibility for payment, the people have the right to counterfeit and other people without the right to exercise the right to recover, but not to other legal instruments on the endorsement of the debtor to recover.Chapter III is a bearer instrument forged in the discussion of legal risks, primarily by the Geneva law and introduce common law holders bear the legal risks regarding the provisions of the law on this issue led to our country has a similar law and the Geneva provisions At the same time, pointed out the legal systems of our country and in Geneva on this issue differ. To bear the legal risk bearer separate case, the paper distinguishes between the original holders and existing holders on the two situations separately. Risk of post-holders to recover the right to make the relevant article also introduce.Chapter IV of this article describes the case of counterfeit bills were counterfeit person to assume the legal risks, a specific analysis was the person who forged the specific case of legal risks, including unauthorized person to act as instruments in my name was forged instruments and people without agents the right to ratify the instrument, such as the conduct of the case. Being forged to defend the right of the people and the burden of proof question, this paper has been signed to imitate the situation of others, unauthorized use of the seal by others custody and abuse cases in the case of another seal on it separately. In addition, the original bearer was forged in advocating human rights and the burden of proof of the elements analyzed.The final chapter in this article are discussed in counterfeit bills in the law between the parties sharing the risks.Separately in the previous four chapters on the various parties forged bills bear the legal risk to do a detailed analysis of the situation on the basis of further explore the various legal risks between the parties on the question of sharing, was forged by the payer as well as between people and holding Vote with the people who forged the possibility of risk-sharing between the discussions and put forward a reasonable balance between the loss of the parties approach.