Blank Notes Legal Research

A note is the meaning of securities instruments, it is necessary to type of securities, but in order to facilitate the needs of the transaction, blank paper came into being. However, due to the specificity of blank paper, the instrument of its provisions is so different, and our country, the provisions of blank paper is not perfect, that even in practice it is difficult to find a legal basis to solve the problem. This paper try to study the specificity of blank paper, based on the blank paper on key issues such as the number of blank bills to add the right, blank paper and the good at the loss of access to the system of remedial systems, to make some study. At the same time, combined with the relevant national legislation, national legislation on the basis of comparison of our legislative instruments is to assess gaps and put forward my own advice. The results are as follows:Blank notes with different instruments in general have their own unique position. First of all, the blank is a negotiable Instruments Law Bills identified an exception to the principle. Although the blank paper with notes on the form is completed, it does not belong to invalid instruments, but by the additional procedures to add, fill in the matter should be recorded after the instrument has become completely non-fully notes. Secondly, the blank paper in the composition is also unique. Blank paper for the signature of the space left intentionally and signers after the issuance of blank paper, have the right to add. Blank paper on the nature of the acts, said the appointment of a general, agent said that the offer that the appointment notes that the conditions attached, such as bills of several acts that doctrine, I believe that acts of blank paper is a behavior in quasi-instrument. The effect of blank paper, prior to the completion of the supplementary and complementary are very different after the completion. Added after the completion of blank paper, as a general note, have the full effect, added prior to the completion of, the law does not prohibit the circulation. The time of the assignment, not only the effectiveness of the transfer of instruments in general, but also occurred in the effectiveness of the transfer of supplementary rights.The right to add a blank paper is the core issue of blank paper. The nature of the right to add a blank, there are two theories is the central instrument of act one is the Center of the securities instruments. The two authors do not agree with either point of view. On the gaps in the theory of the right to add, I agree that the substantial, because the idea of such a doctrine with the paper due to the principle of non-aligned. Gaps in the exercise of the right to add, not only the existence of the presumption authorized authority or drawer, but there are people fill the right to add rules in mind. Theory and in accordance with the instrument law in many countries the awareness of the Negotiable Instruments Law, the exercise of the right to add a blank to comply with the following rules: First, fill the name of the recipient in mind, it should be delivered to the issuance of blank paper drawer acts to authorize the presumption. Secondly, the amount of the premium for the instrument in mind that should be independent of the drawer and the payee, as authorized pursuant to an agreement. Thirdly, the votes for the meeting date in mind should be delivery of blank paper drawer acts as the authorized date of the date of the vote; the date of payment of the premium for the mind, it should be added to the drawer with the right person as authorized by special agreement basis. Fourth, the right people for the supplementary rules of conduct of the meeting in mind, it should be applicable to instruments of the general rules of the votes. The exercise period of blank paper there are three theories is to provide for a reasonable period of time to exercise, a Civil and Commercial Law is applicable to the general effectiveness of the provisions of Negotiable instruments Law is applicable to the exercise of the rights set forth in service by publication a litigation. I do not think litigation is the only report the loss or stopped service by publication. the elimination of statute of limitations.Blank paper to obtain the goodwill of the system, the bearer of good protection is very necessary. After the loss of blank paper remedial system, there are three, one is the report of loss stopped, and the other isWhile the provisions on the blank paper styles are different in the two system, of the British instrument law, the United States Negotiable Instruments Law, Negotiable Instruments Law in Geneva, as well as the Taiwan region of China on Negotiable Instruments Law of the provisions of blank paper, in essence, are complete blank voucher system provides two basic elements: First, after the completion of blank paper the effectiveness of legitimate, and completely from the beginning, like the effectiveness of instruments; Second, if the blank paper filled improper filling of bona fide third protection. Thus, we can draw conclusions on: the legal default of issue of blank paper.China's "instrument" of the legislation on the blank paper provided only two (about the check the chapter to focus on), that is, 85 and 86, my blank bills mature legal system in relation to the sense of space in terms of the legal system from the paper, there is much imperfection. In theory, we need to sort out the problem is one of a number of blank paper the question of the value orientation of the Legislative Council Second, blank notes that the three standards, the effect of blank paper IV, abuse of the right of a blank paper added the issue of legal regulation.Finally, I suggest that my use of the "Geneva uniform bills of exchange, promissory note blank paper law" blank note the legislative model is appropriate.