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Bills Liability System,

Posted on:2009-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GongFull Text:PDF
GTID:2206360272957489Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The bill liability is the legal consequences that the litigants of the bill relations must undertake if they do not fulfill the bill obligations, and one kind of special Civil and Commercial legal liability. Whether the rules of the bill liability is Scientific, directly related to the scope and connotation of the bill right, and directly related to the theoretical and practical value of the entire law of bills. The rules of the bill liability in our country law of bills are too simple and have the problems, and lack Operability. This paper first uses the method of comparative analysis to clear the concept meanings related to the bill liability system. In the branch part of this paper, the author carries on the overall analysis to the bill liability system, unifying the civil liability system's research mentality. The paper discusses on the concept content, the principle of liability, the constitutive elements, the undertaking body, cancellation,and disclaimer subject.This article has five parts:Part one: summary of bill liability. Bill liability comes from non-performance of bill debt. According to concept comparison such as bill liability with bill debt, author analysis contact and distinction of these concepts, disclose characteristics of bill liability: non-reason nature, unilateral nature, legal related, double nature.Part two: content of bill liability. Bill liability comes from bill activities, different bill activities have different bill liability, this part compare different bill liability come from different bill activities with the same bill liability come from different bill activities, demonstrate the content of different bill liability .Part three: the principle of liability and component of bill liability. The principles of liability system of our civil law consist of fault- liability, non-fault liability and fault presumption. In bill liability, special nature of bill liability determines that according to language and signature determine bill liability, have nothing to do with inner fault. According to non-fault liability, bill liability has three constitutive Elements: behavior of refusing bear bill liability, damage and causation.Part four: Bear disclaimer and cancellation of bill liability. The persons who bear bill liability are the remitter, the endorser, the acceptor and the assuror. The person who bear bill liability are multiple and relation, apply non-fault liability. Bill legislation emphases on protecting interests of bill oblige. In order to seek equity, law gives bill oblige disclaimer subject. When bill disclaimer subject can eradicate the bill right or the undertaking bodies bear bill liability, out of the bill time limit, free from liability, bill relations eradication.Part five: legislative proposals of perfecting our bill liability legislation.Our bill legislation confuse bill liability and bill obligations, compared with countries around the world there still exists a gap, can not fully meet the conditions of our country and the socialist market economic development needs. Right and obligation are cores of legal system, in bill law bill right and bill obligation play a central role. Defects of bill law have had great drawbacks in practice, need active discussion in theoretical circles and propose feasibility proposal. After analysis the defects of our bill legislation, author have proposals on perfecting bill legislation.
Keywords/Search Tags:bill liability, bill relations, bill activities, non-fault liability, disclaimer subject
PDF Full Text Request
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