Research About The Leal Issues Of Blank Endorsement

With the rapid development of China’s financial industry, the economiclife of the Notes application requirements more and more. In practice,because of the convenience of trade or temporarily unable to determinethe name of the endorser for various reasons, blank endorsed bill quietlyrising to the challenges of the type of bill. Blank endorsed bills dueto lack of name of the endorser, and its effectiveness has been endorsedtheorists focus of controversy. Notes the legal system of theeffectiveness of the provisions on the blank endorsement is mainlyreflected in the "bill law" on article30and "Supreme Court to heardisputes bills Provisions on Several Issues" on article49. However, theseprovisions set off theorists blank endorsement effectiveness controversy.Blank endorsed bills in circulation produced a mere delivery of behavior,the behavior effect to be discussed. Whether continuous blank endorsedconstitute endorsement interrupt is also necessary to solve this problem.In the first part of this paper introduces the real cases occur inpractice,and summarizes the plaintiff will bill blank endorsedto Xu’s behavior is effective, Xu will blankendorsement only delivered to a industrial company behavior is validand the defendant can enjoy the right of bill three focus.This second part of the three focus of controversy were analyzed. Inthe note endorsed in blank on the plaintiff to Xu’s behavior effectivelyfocus of controversy Analysis in order blank endorsed the concept of theright to supplement endorsed in blank, based on notes from a theoreticalanalysis of China’s legal system the provisions endorsed in blank andanalyzes recognize blank endorsement valid in practice the practicalneeds. Xu blank endorsement on the bills delivered to an industrialcompany simply whether the behavior of the effective focus of controversyAnalysis, the analysis of whether the Department notes Xu transfer ofrights and the industrial company would constitute a bona fide acquisitionnotes, and blank endorsed bill delivery of legal effects of acts carriedout analysis, the delivery of the blank endorsements valid assertion.Notes on the rights of the accused to be enjoyed at the focus of controversyAnalysis, the accused shall enjoy the right notes on the legalrequirements-Endorsement of continuity and subjective good faith of thedefendant shall perform the analysis, the defendant legally acquiredrights on the bill conclusions.The third part of the second part of the analysis made on the basisof the case verdict Department made the right conclusions and legislative proposals.