On The Counterfeit Note The Risk Of Responsibility

The essence of forgery of commercial instrument lies in the forgery of signature. When the bill is forged, even if the forger does not undertake the bill responsibility, he must also undertake the civil compensation responsibility. Theoretically speaking, a party who suffers losses is authorized to request the forger to compensate. However, it's not always the case. The forger is often incompetent to pay or avoid paying off, causing a side which suffers losses to be unable to obtain the compensation in fact. Therefore, parties who had the duty to undertake others' losses but only to request the forger to compensate undertake the risk of forgery of commercial instrument. As to the risk responsibility of forgery of commercial instrument, there is no direct provision in the commercial instrument law in china and it needs to be performed to consummate. The essay is divided into three parts, consisting of about 39,000 words:Part I : Risk responsibility of forgery of commercial instrument's rationale. This part is based on the elaboration of the concept, the constitutions and its legal consequence of forgery of commercial instrument. There are two theoretical models: the theory of Kildor-Hicks and the theory of allocation-of-loss or comparative-negligence.Part II: Risk responsibility of forgery of commercial instrument under the comparison test field of vision. The forgery of commercial instrument has been divided into forged draft and forged endorsement. As to the risk responsibility of forged draft, the two commercial instrument legal systems basically stipulate the same. But as to the risk responsibility of forged endorsement, they stipulate differently. In the practice, the two commercial systems have some exceptional stipulations respectively. On the occasion of forged endorsement, the risk responsibility is attributed to the forged person under the Geneva commercial instrument legal system. Whereas the risk responsibility is mainly attributed to the forger immediate subsequent one under the Anglo-American instrument legal system. In fact, the different stipulation on the risk responsibility of forged signature under...