Notes The Transfer Of The Endorsement System Problem

The article studies some matters of endorsement for transfer system of negotiable instruments, "negotiation is life of negotiable instruments." Most of economic functions in the negotiable instruments depend on negotiation of negotiable instruments. There are two negotiable ways that are endorsement and pure delivery in the negotiable instrument law. Because of background of our country making law of negotiable instruments, there is only negotiable way — endorsement in the negotiable instrument law, so it has great effect and position in negotiable instrument law.The article is divided into five parts:The first part of the article introduces the origination and function of endorsement system. Firstly it is accounted for origination, development and maturity of endorsement system in history angle in my article. It is necessary to meet need of commercial subject And it is necessary in our time. For negotiable instruments it is originated from Europe in modern means. It is divided three phrases in its development: period of acceptance; period of market; period of negotiation, and it emerged in the period of negotiation. With the development of market economy, it gradually becomes a way of negotiation of negotiable instruments. Emerge of endorsement system deepened economy functions of negotiable instruments. From functions of acceptance and payment in the early period, it is added to functions of credit and financing. And creditable function becomes the most important function of negotiable instruments from the birth. That is to say, only through endorsement and circulation can the economic function of negotiable instruments be achievedThe second part of the article compares two negotiation or transfer ways of negotiable instruments. The former analyzes the difference between the common transfer of obligatory right in civil law and negotiation of negotiable instruments, and the latter analyzes endorsement and pure delivery in the negotiable instrument law. Though comparison we can know negotiation of negotiable instruments than the common transfer more convenient and more flexible, and we can know endorsement than pure delivery more safety, so endorsement system can meet the situation of our country.The third part of this article studies theory base of negotiable instruments system. The article analyzes theory base of negotiable instruments system. It includes theory of autonomy of the will, unilateral legal act, theory of rechtsscheinprinzip, strict nature of negotiable instruments behaviors, system of signature responsibility, theory of effective interpretation, abstract feature theory and so on. These theories support negotiable instruments system together, and it looks like a subtle and strict instrument. Under the base of these theories, endorsement for transfer becomes a delivery way of negotiable instruments.The fourth part of the article accounts continuity of endorsement of negotiable instruments system in details. The main purpose of endorsement behaviors is to transfer rights of negotiable instruments. And transfer rights of negotiable instruments depend on continuity of endorsement of negotiable instruments. Whether continuity of endorsement of negotiable instruments or not, it is very important for holder and drawee. It has functions of means of proof and rights prove. Generally, it is proof of qualification of holder, and object matter of check of drawee. The writer starts with the important significance of continuity of endorsement of negotiable instruments for holder and drawee, and expands how to judge continuity of endorsement of negotiable instruments in most case and in the special occasions.The fifth part of the article puts forward some specific suggestions for endorsement for transfer of negotiable instrument system in our country. It points some limitations of endorsement for transfer system and offer some advice and measures in my article. We should improve negotiable instruments law in several different ways: improvement of negotiable instruments signature system; conditional acceptation of blank endorsement; making regulation on endorsement erasure; class different responsibility of drawee between draw forgeries and endorsement forgeries; reform of credit system and so on.