Bills To Ensure That The System Of Study

The convenience and safety of the transaction of the negotiable are two targets of the law on negotiable instruments. Because of these targets, the system of the negotiable instruments guarantee is established, and yields important effect. But because of our traditional legislation medal of combining of civil and commercial law, many people think this system of guarantee belongs to civil law, meanwhile, because of long times of economic nationalism and the weak system of credit, our system of negotiable instruments guarantee is not perfect. It's necessary to do some research, and perfect our system of negotiable instruments guarantee.The first part:: The overview of the negotiable instruments guarantee. By analyzing theoretical views and comparing legislation, the author clears the concept of the negotiable instruments guarantee, and expounds the characteristics of it. The author also introduced the types of this system of guarantee, and the legislation of our country correlated with it.The second part: :The differences between the negotiable instruments guarantee and other related systems. Firstly, this article discusses the differences between the negotiable instruments guarantee and civil guarantee. The first one comes from the second one, so the two systems are very similar to each other. But after all, they are two different systems, and there are some different points between them. Secondly, the article discusses the differences between the negotiable instruments guarantee and the endorsement. The endorsement is regarded as another form of the guarantees. It is necessary to tell their differences. Thirdly, the article shows the differences between the negotiable instruments guarantee and the certificated check.The third part:: The valid essentials of the negotiable instruments guarantee. The traditional analysis of this aspect often only paid attention to the formal essential of the negotiable instruments guarantee. In fact, the valid essentials include the formal essentials and the substantial essentials. Firstly, the article discusses the substantial essentials and deeply studies the effects on expression and legality. The conclusion is that defects on expression and legality have little effects on the guarantee. Secondly, the article analyzes the formal essentials and mainly expounds the recorded items of the guarantee.The forth part: The effects of the negotiable instruments guarantee. This part is the most important part in the whole article. In this part, the author analyzes the effects of the negotiable instruments guarantee from the angle of several parties of this law relation. Among them, the responsibilities and rights of the guarantee are of the most importance, and the author studies the three main characters of the responsibilities of the guarantee, the demur right and the retrospect right of the guarantee in particular.The fifth part:: The problems in negotiable instruments guarantee practice. In this kind of practice, there are some problems such as covered guarantee, partial guarantee, and discount guarantee and so on. this part discusses these problems and clears the effects of these forms of guarantee.Summary: This part of the article points some defects of our legislation about the negotiable instruments guarantee, and suggest that the currant negotiable instruments guarantee system of legislation should be commended.