The Study Notes On The Price Of A Number Of Issues

Consideration in Negotiable Instrument, which originated from Anglo-American law, is an important system in Negotiable Instrument law, a symbolization of principle of good faith. This system plays an important role in maintaining the balance between the principle of good faith and the abstract of bill, in ensuring legal interests of the bona fide party concerned, in maintaining the circulation safety of Negotiable Instrument. This dissertation makes a further study of consideration of Negotiable Instrument, carries out an evaluation on relevant legislations in China to benefit legislation reforms on Negotiable Instrument law.Part I : "the general principle of consideration in Negotiable Instrument". This part firstly discusses the concept of consideration in Negotiable Instrument law, and points out that the fundamental attributes of consideration lies in that one party was injured and the other party benefited. Then it discussed the connotation of consideration in Negotiable Instrument law, and put forward that consideration means that one party provided money, matter or labor force amounting to Negotiable Instrument amount to the transferor while obtaining instrument, which conforms to the principle of equity in civil law. Finally by discussing the relation between the consideration in Negotiable Instrument and Contract consideration, this dissertation makes the characteristics of consideration in Negotiable Instrument. Clear: 1. Consideration in Negotiable Instrument is consideration recognized by both parties concerned; 2. Consideration in Negotiable Instrument actually obligation borne by holders in the basic relations, can be present debt or would-be debt; 3.Consideration in Negotiable Instrument has specialty in existing time, including two situations: (1) the consideration relation should exist while Negotiable Instrument obtained. (2) testimony liability is upside down. namely this liability shall be borne by Negotiable Instrument.Part : "Consideration in Negotiable Instrument balances and coordinates the abstract of bill and good faith". This part firstly defines the abstract of bill and points out its connotation is that: the effect of an action shall not be affected by the effect of the basic action or not be involved in when the basic action has not been established .invalid or withdrawn. That is, the effect of an action is not based on the effect of the basic action. Then, this part argues about the relation between consideration in Negotiable Instrument and the abstract of bill, pointing out that according to the principle of the abstract of bill, the debtor cannot defend the holder by using the counter argument between him and the drawer or the remote holder to the drawer. However, between the direct persons concerned, if they lack consideration in Negotiable Instrument to support, the debtor may start a counter argument in accordance with it. Finally, this part points out that while the principle of the abstract of bill exerts its special function, its intrinsic drawbacks are exposed, causing certain deceitful actions, severely injuring good faith in business transaction. So, consideration in Negotiable Instrument can balance this situation. Pursuant to the principle of consideration in Negotiable Instrument, no consideration or an incomplete one shall lead to defenses between the direct parties, which ensure, to a great extent.Part : " the relation between consideration in Negotiable Instrument and rights in Negotiable Instrument". This part firstly points out that according to the fact that consideration must be offered, Negotiable Instrument can be divided into one that consideration must be offered or one that need not be. Of course, consideration impose different influences on these two rights in Negotiable Instrument. For the Negotiable Instrument that consideration must be offered, the fact that consideration is not offered can be as cause of defense provided that the holder is a bona fide one and has offered consideration while obtaining Negotiable Instrument. The integrity of Neg...