Notes Right In Good Faith System Research

Financial instruments play a significant role in the modern economic life. In order to ensure and improve the negotiability and the safety of the financial instruments, our commercial instrument law has regulation about the mechanism of good-willed acquisition of financial instruments. The mechanism of good-willed acquisition of financial instruments can protect the rights of the good-willed acquirer in the transaction of financial instruments. The author hopes to be able to work through author's study, to make our country's system of the mechanism of good-willed acquisition of financial instruments perfect and rational. This article is divided into four parts:The first Part: the overview of the mechanism of good-willed acquisition of financial instruments. This part simply introduces the origin of the mechanism of good-willed acquisition in civil law and the conception of the mechanism of good-willed acquisition of the bills. The mechanism of good-willed acquisition originated from the mechanism of good-willed acquisition in civil law. The mechanism of good-willed acquisition in the negotiable instruments law is to meet the need of circulation of the bills, and to improve the security of the transaction of the bills.The second Part: the basic constitutive requirements of the mechanism of good-willed acquisition of the bills. Only to meet the constitutive requirements, the acquirer can become the good-willed one when he obtains the bill. In this part, the author discusses the dispute related this question in practice, analyses the definition of acquirers without the right to dispose of the instruments, for better application of the acquisition mechanism and legitimate rights and interests protection of the good-willed acquisition.The third Part: the legal consequences of the mechanism of good-willed acquisition of financial instruments. The effect focus on the liability and the rights among the good-willed holder, the original owner and the holder without the right to dispose of the instruments. The author emphasizes whether they have formed the relation of endorsee and endorser between the good-willed acquirer and the original owner.The forth Part: The defect of the mechanism of good-willed acquisition of bills in our commercial instrument law and the some suggestion about improvement about them. In this part , the paper analyses the effect of the public summons on the acquisition, the relations between limitation of bill defense and good-willed acquisition of bills, and the good-willed acquisition of the blank bills in our commercial instrument law. The author, at the same time, offers some perfect suggestion based on the foregoing analysis, in order to make our country's system of the mechanism of good-willed acquisition of bills more perfect and exercisable, to realize the legislative purpose.