A Study On Claim-Right Of Restitutioninterest Of Negotiable Tnstruments LAW

The development of claim-right of restitution interest of negotiable instruments is because of the interest of negotiable instruments. In order to avoid rights imbalance, when the claim-right expires because of the completed prescription or deficient procedure, the right which is prescribed by the negotiable instruments law to balance the relationship of the related parties is the right of holder to ask the drawer, acceptor to pay back the interest of holder. Besides introducing the foreign legal about claim-right of restitution interest of negotiable instruments, this thesis is from related concepts of claim-right of restitution interest of negotiable instruments and its constitutive requirement to elaborate the applicative foundation of claim-right of restitution interest of negotiable instruments. Meanwhile it defines the quality of claim-right of restitution interest. Because we have thought about that, we can proceed to the next step involving solving a series of problems about claim-right of restitution interest of negotiable instruments, such as the ordinary assignment. Referencing foreign legislation, the thesis analyses provisions of the claim-right of restitution interest of negotiable instruments in our country and puts forward some practical suggestions in order to make the institution of restitution interest of negotiable instruments perfect. And claim-right of restitution interest of negotiable instruments is expected to complete maximize value.The discussing about claim-right of restitution interest of negotiable instruments expound in next four parts.The comprehensive overview concerning claim-right of restitution interest is discussed in chapter1. First, in order to master the institution of restitution interest of negotiable instruments, we introduce the notion of claim-right of restitution interest of negotiable instruments. Then we take the value of justice and interests to hold the meaning of claim-right of restitution interest of negotiable instruments. At last, we explain constitutive requirements of claim-right of restitution interest of negotiable instruments systematically. They can divide into four parts, subject qualification, the right of negotiable instruments have established effectively, the obligee lose his right of negotiable instruments because of the completed prescription or deficient procedure and the obligor get interest. About these constitutive requirements, we can determine the nature of claim-right of restitution interest of negotiable instruments, in order to present the institution of restitution interest of negotiable instruments.Some basic and different theory about the nature of claim-right of restitution interest of negotiable instruments is investigated through the systematical arrangement and analysis in chapter2. To summarize, the different theory about the nature of claim-right of restitution interest of negotiable instruments include the right of negotiable instruments, the residuum of negotiable instruments and deformation of the right of negotiable instruments, the right of compensation for damages, the claim of unjust enrichment and special claim of the law of negotiable instruments. But in legislation practical captivities, German defines it as the claim of unjust enrichment. In France, there is noting provision about claim-right of restitution interest of negotiable instruments, because, obligee can satisfy their right by causa relation. Japanese takes example by the German legislation and modifies their institution of restitution interest of negotiable instruments. However they don’t define the nature of claim-right of restitution interest of negotiable instruments clearly and definitely. And in our country, we just take claim-right of restitution interest of negotiable instruments as civil rights. Under the circumstances, the chapter gets through analyzing different theory and point out merit and demerit, so as to consummating the institution of claim-right of restitution interest of negotiable instruments in our country.Some common problem about claim-right of restitution interest of negotiable instruments in actual situation can bring forward in chapter3. The relationship between reason creditor’s rights and claim-right of restitution interest of negotiable instruments is a difficulty. The relieve of losing negotiableInstruments also result in confusion with claim-right of restitution interest of negotiable instruments. In there, we make a clear distinction between them. Moreover, whether the perform of claim-right of restitution interest of negotiable instruments should show the negotiable instrument or not. And the assignment of claim-right of restitution interest is different as the assignment of debet.Based on the content of former chapters, the last chapter will find out the loosed rigorous related provisions about claim-right of restitution interest of negotiable instruments and look out the terms’logical errors. Furthermore, in order to make the nature explicit, the author put forward some supplementary opinions. The purpose is to complete the institution of claim-right of restitution interest of negotiable instruments.