Blank Notes

This thesis compares through analysis of the legislative rules petaining to blank instruments in two major systems of law, focusing research on questions relating to its implications, formation, supplementary rights and legal effect etc, in the hope of summarizing its main content., Due to the fact that People'Republic of china's(PRC)Billing law blank cheque rules are overtly simplistic not precise ,this dissertation combines the current state of the economic life of the PRC, appraises blank instrument rules and finally offers some suggestions for the legislature. Basic outlinePreface—A brief description of the shortcomings in the PRC's blank instrument legislation , and the purpose ? significance and method of this resanch..Chapter One—Chapter one is about the brief description of blank instruments. It begins with a case concerning blank check ,then derives people's discussion.Section 1 first explains the concept and and introduces the most popular types of blank instruments. Subsequently it discuss the nature of blank instruments . Section 2 begins with a comparative analysis of the legislative rules on blank instuuments of two major judicial systems, and concludes that both judicial systems recognize blank instruments' legal efficacy.Chapter Two—The formation of blank instruments. Academic views differ on the formative factors of blank instruments. The author agrees with the four—factor argument, and describes each in section 1 . In section 2 the author discuss the consignation of blank instruments in detail . In section 3 the author analyses the nature of authorization behavior.Chapter Three—The complentary rights of blank instruments and its enforcement . Complentary rights are blank instruments'vitality. First section 1 defines the nature of complentary rights. Section 2 discusses the obtaination of complentary rights, adding thatconsignation should be regarded as the standard of whether complentary rights exist or not. Section 3 analyzes the rules of enforcement <> Section 4 analyzes some problems about the period of application 0 Section 5 analyzes the abuse of complementary rights and its law consequences oChapter Four—Blank instruments'legal effect . On the basis of the special nature of blank instruments, section 1 examines in detail the differing legal effect of complentary rights before and after they are obtained . Section 2 analyzes the loss of blank instruments and itsremedies------the system of reporting the loss of blank instruments and stopping the paymentand the system of public summons for exhortation. Section 3 discusses the bona fide possession of blank instruments.Chapter Five—An appraisal of the PRC's blank instrument laws and regulations up to the present day. This chapter prodives a summary of the purpose and significance of the author's researcho By reason of the virtual "blank" that exists in the system of blank instruments within the system of PRC instrument laws, this chapter offers some legislative suggestions on the basis of the appraisal of the PRC's blank instrument rules- On the one hand we should gradually develop rules pertaining to blank instruments 0...