On Loss Of Notes And The Corresponding Remedies

Forfeiture of bills is an unusual situation in the circulating of bills. What's more, forfeiture of bills is often associated with forgery of bills. This dissertation, which begin from the concept of forfeiture of bills, with the method of comparison, analyzed the orientation of values about forgery of bills in china's legal system about bills, and devised a set of remedial methods for those who have lost their bills, especially for those non obligee of bills, who have lost the bill. It fills the gaps of theory of the means of relieving those non obligee of bills, in the studies of laws governing bills. This dissertation is divided into four parts.Part One: With the concept of forfeit of bills as a start, redefines and cleared up several important concepts.Part Two: Through the comparison of the legal systems of bills in Geneva genealogy of law, Anglo-American genealogy of law and the laws of china, it discusses the orientation of values about forgery of bills in china's legalsystem governing bills, and the possibility of the forfeiter transferring risks. This part is the basis of theory of the whole dissertation.Part Three: Applying the basic theory, discuss the three methods of remedy for those obligee of bills, who forfeit the bills, stipulated in china's laws governing bills, their application and the corresponding principles of laws.Part Four: Applying the basic theories about bills, and principles about forgery of bills and the transfer risks, devise remedial methods for those non obligee of bills, who have lost the bill, according to various situation. The part is the focal point of this dissertation; it has some important new ideas of the author.