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Blank Bill Legal System

Posted on:2007-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:B KongFull Text:PDF
GTID:2206360185983334Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The blank negotiable instrument is a kind of special negotiable instrument which has already been signed by the drawer, but some of the essential items in which are remained blank in consideration of the basic relationships and are left to be supplemented by the authorized holder. Chapter one in this article is the definition and classification of blank negotiable instrument and distinction between blank negotiable instrument and other several similar concepts. By comparing the legislations on blank negotiable instrument in the main countries and regions of the world, we can get a conclusion that the blank negotiable instrument is based on economical demands and commercial customs. Through the exploration of the nature of blank negotiable instrument, this paper holds blank negotiable instrument is a quasi-negotiable instrument which has the right of supplementation and the expectative right on itChapter two analyses the formative essentials of blank negotiable instrument and the character of the act of authorization. Firstly, the blank negotiable instrument has four formative essentials. They are the signature of the drawer , the lack of essential items, the supplementation right of the authorized holder to the blank items and the delivery of blank negotiable instrument; Secondly, it is unreasonable to confuse the act of blank negotiable instrument, which is a quasi-acts on negotiable instrument and the act of authorization about supplementation, which is a unilateral civil juristic actChapter three is about the right of supplementation. The character of the right of supplementation belongs to right of formation. The right of supplementation should be authorized by the signer. When it is unclear whether mere is authorization, it can be treated as it has been authorized in order to protect the benefits of the third party acting in good faith. The right of supplementation should be exercised in certain period, otherwise it would be invalid.Chapter four deals with the legal effects of blank negotiable instrument Before the blank negotiable instrument be completed, it can be negotiated by legal rules. But the holder couldn't advocate the rights on a negotiable instrument; When it has been completed, it is...
Keywords/Search Tags:Blank Negotiable Instrument, Formative Essentials, Right of supplementation, Legal Effects, Improvement Proposals
PDF Full Text Request
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