On Paper Rights Acquired In Good Faith

The negotiable instrument gaining in the good faith system is a negotiable instrument method last an importance but special system. Because obtaining the institutional and some important problem cognition faintness to the negotiable instrument good intentions theoretically, practicing the inside the mistake apply negotiable instrument gaining in the good faith institutional circumstance have the occurrence. Our country's "Law of Bills" a provision for concerning negotiable instrument good intentions obtaining is too general, exists suitable for use scope that negotiable instrument good intentions obtain very much in the actual situation a lot of disputing. Therefore, there is necessity to the negotiable instrument good intentions the acquisition proceeds the research, from but promote the modification of the negotiable instrument method with perfect.This paper learns the angle to obtain to right of the negotiable instrument good intentions from the legal theory the system proceeds the research. In addition to preface, the article is main from eight parts constitute. Article the first part sets out from the basic concept of the negotiable instrument, introducing the general theory of the negotiable instrument; The second part proceeded to the concept, kind of right of the negotiable instrument gaining in the good faith completely of the analysis combined to introduce the domestic and international lawmaking style; The third part analyzed the influence that the different standpoint of the relevant negotiable instrument behavior kind to the negotiable instrument good intentions obtain primarily; The forth part introduced the theories of the independent principle in behavior in negotiable instrument according to, and its with the endorsement behavior, obtain with negotiable instrument person's good intentions, willing to wound relation; The fifth part analyzed the negotiable instrument behavior meaning means the suitable for use civil law last prescriptive of different standpoint and its the influence that obtain to the good intentions; The sixth part proceeded the thorough analysis research to the composing important item of right of the negotiable instrument gaining in the good faith, the writer regard all countries negotiable instrument lawmaking as the foundation, combination case an analysis, clarify six composings important item of right of the negotiable instrument gaining in the good faith respectively, namely from have no business to benefit other people an acquisitionnegotiable instrument and rule according to the law the way turn to let the negotiable instrument, concessionaire have no malice and grievous faults and have the negotiable instrument lose to occupy of fact, have is legal with the negotiable instrument form to the price very, complete; The seventh part expatiated the law result of right of the negotiable instrument gaining in the good faith, namely the good intentions obtains the person the primitive acquisition negotiable instrument right, original right the person loses right of the negotiable instrument, everything set up on the negotiable instrument from belong to the right exterminate; Finally, in the eighth part of behavioral for no reason in negotiable instrument, to the protection of the legal right in the party concerned and draw lessons from with absorb all countries excellent result and aspects to the our country the modification of the negotiable instrument method with perfect puts forward to consider with suggest.The article discusses in the aspects of negotiable instrument right gaining in the good faith constituting the important item more detailed, emphasize that the bearer must have these important itemses strictly, then can confirm the good intentions of its composing negotiable instrument right obtain, producing the homologous law result, the aim makes a point of in arouse people value, in the theories study, lawmaking and judicatories practice to the party concerned especially to the good intentions the third people the protection of the benefits, promote the negotiable instrument circulate with trade the safety.