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Bills Defense System Research

Posted on:2007-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhengFull Text:PDF
GTID:2206360185984022Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Defense system is an important element of the instrument law, which connects instrument rights and obligation, and balances the interests between instrument creditor and debtor, including the right to defense and the defense limitations to protect the legitimate interests of the instrument parties.This paper deeply talks about many contents of the defense in instrument law, and introduces the subject in international law and other countries' law, then points out the shortcomings of "The Instrument Law" in China, finally, I give some advices of myself to make our law much better.This paper is divided into five parts, from the beginning to the end, they are the generally speaking of the defense, the contents and classification of defenses, the two systems of instrument law in the world, the defense limitation and my advices to our law.The first part of this paper introduces the definition of the defense, then I compare the right to defense in instrument law with the one in civil law. The second part of this paper is about the contents and classification of the defense, it contains two points, first of all is common classification and other ways of classification, common classification contain the defense about object and the defense about person, which was adopted by many books on instrument law. I list the same perspectives in common classification, then sum up some disputed defenses and give my opinion. Then I introduce other ways of classification, which in addition to the common classification, containing their advantages and shortcomings. Second, I give my opinion about how to classify the defense, it keeps the way of common classification, they are the defense to object and the defense to person. The former keeps the first category of the defense about the instrument itself, the latter also is divided by two cases, for reasons of unilateral parties have defenses including instruments arising from the debtor defenses (commonly said that the defenses of the second case objects) and the bearer of the cause defenses (with the plea that the first case). Based on the parties for the defenses mainly between the parties directly defenses. The third part of the paper introduces the law of the Geneva Notes defense system to the provisions of the United States represented the "Uniform...
Keywords/Search Tags:Defense, The defense to object, The defense to person, Holders in due course, The defense limitation, Advices
PDF Full Text Request
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