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Research On The Relief System Of Lost Blank Bill

Posted on:2013-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
GTID:2246330395988705Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
This paper takes the case of public summons applied by DongGe Company for the lostblank bill as the main line, and make legal analysis of the problems rise from the relief systemafter the lost of the blank bill, then proposed some suggestions with a view to consummatesour country’s blank bill relief system. This article is composed of introduction, text andconclusion. Apart from the introduction and conclusion, the text is divided into five parts:The first part, introduction of the case and main problems. In the very public summoncase of the lost blank bill, there are three basic focus of controversy: the definition of theblank bill" loser"; the relief way of the lost blank bill; the protection of the bona fide holderin the remedy of the lost blank bill.The second part focus on the definition of the blank bill" loser”. Define the range of"loser" from the respect of” will the lost of the bill pose a risk" and" the last legal holder".Through the above analysis, determine if company in the case belongs to the “loser" in themeaning of negotiable instruments law.The third part analyses the relief way for the lost blank bill. First of all, analyses therelief way of stopping the payment of the blank bill after the lost of blank bill; secondly, makecertain that the public notice can be carried out after the lost of blank bill. The reason is: theblank bill has the characteristic of circulation, which belongs to the" endorsement bill"; theeighty-sixth provision of “do not use" in "the negotiable instrument law" does not deny thecirculation of the blank bill. Then the blank bill" loser" should have the right of applying forthe public summons. Finally, determine that the relief way taken in the case is legal.The fourth part discusses the protection of the bona fide holder in the relief process oflost blank bill. The bona fide holder should be given a right of having the blank bill on thebasis of goodwill and the plea cutting rights. If a bona fide holder obtained the blank billduring the public summons and not claim the bona fide acquisition, to balance the interestbetween the loser and bona fide holders, the bona fide holder’s right of recourse should beexpanded. The fifth part put forward some suggestions on perfecting the relief system of the blankbill. Define the subject’s relief qualification of the blank bill, Clarify the relief ways for thelost blank bill. Stipulated the bona fide acquisition mechanism of blank bill.
Keywords/Search Tags:blank bill, relief of lost blank bill, bona fide acquisition, publicsummons of the lost blank bill
PDF Full Text Request
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