Legal Analysis On Bona Fide Acquisition Of Instrumental

Laws of instruments are made for guaranteeing safe and fast transactions and promoting the circulation of instruments. The system on bona fide acquisition of instrumental rights is fairly important. Instruments are fundamentally characterized by their negotiability, the emergence of which has greatly enhanced the convenience of transactions and is the reason why instruments develop so rapidly. The system on bona fide acquisition of instrumental rights is just established for ensuring the negotiability of instruments, which tallies with the primary goal of laws of instruments. In today’s rapid economic development, social requirements to maximize the promoting belongings circulation establishment of the notes acquired in good faith in the Law of Negotiable Instruments system precisely to meet this requirement, we need to be reflected in the law and regulations. Negotiable Instruments "and notes acquired in good faith the system will play an increasingly large role in the rapid development of the market economy, and has become an urgent task to improve its legislation and specific operating rules of the Negotiable Instruments legislation than night, the legislation behind, compared with many Western countries, Negotiable Instruments Law, there are a lot of flaws and imperfections, there are plenty of controversy in the judicial application process often."Negotiable Instruments" in China, the regime is too simple and generalization on the part of the special circumstances did not make a full explanation of the bills in good faith to obtain.In this paper, a case is firstly proposed and corresponding dispute are briefly analyzed. Next, then leads to the following system exists in the legislation and practice notes right in good faith to obtain, analyze consideration is divided into elements of the establishment of notes acquired in good faith, the transfer of the validity of an act notes right in good faith legal conflict between bona fide assignee of the original rights holders of the notes, as well as some practice notes no notes defenses the impact of factors that affect the behavior of limitations and notes acquired in good faith for analysis; Secondly, on the mainland legal systems, common law, as well as some international legislation enumeration and presentation, makes the reader more perceptual bills bona fide acquisition to compare comprehensive a macro understanding foreign Negotiable Instruments Law, in accordance with the specific circumstances of the country, making China notes The method is more perfect and practical.Finally, several suggestions are put forward for improving Chinese system on bona fide acquisition of instrumental rights, in hope of improving the operability of this system, safeguarding&coordinating the interests of all parties involved, realizing fundamental goal of formulating laws of instruments, particularly hope that marginal contributions can be made to the development of such system in China.