Research On The Legal Issues Of Lawful Bearer In The Negotiable Instrument Law Of China

The holders of various negotiable instruments are just generally referred to as “Bearer”,not specially stipulated in Negotiable Instruments Law of China. Close examination of thearticles of the law, however, reveals different connotations and varied rights of the holdersindicated in different articles. This thesis mainly discusses the lawful bearer: one obtainingnegotiable instrument legally, entitled to instrument right fully protected by law. Theinstrument defense suffered by lawful bearer is strictly limited by law, compared to that ofothers types of holders.Thorough review and full discussion, by comparative analysis supplemented byempirical analysis and law hermeneutics, is given to the lawful bearer of negotiableinstruments as well as the issue of law application. Following in-depth analysis of currentlegislation and provisions in China in the second and third chapter of the thesis,corresponding proposals are put forward accordingly.The thesis consist of the introduction as well as the body and conclusion.The introduction deals with the research background, significance,methods andinnovation.The body is made up of five parts: Chapter One, Chapter Two, Chapter Three, ChapterFour, Chapter Five.Chapter one deals with the definition of lawful bearer of negotiable instruments. Thispart starts with the general classification of the varied types of holders in Chinese relevantlaws. Based on the investigation and combing of extraterritorial legislation and Chinesejudicial practices, the key elements involved in defining lawful bearer in Chinese laws aresummarized and the differences of lawful bearer from other types of holders are discussed.Chapter two focuses the analysis of the issue of negotiable instrument consideration.Firstly, the differences between negotiable instrument consideration and contractconsideration are discussed, on the basis of elaboration on origin of contract consideration andcharacteristics of the concept. Secondly, the legal effects of payment consideration arediscussed through the comparative analysis of the relation between instrument considerationand no-causation character of instruments, of the connection between instrumentconsiderations and instrument force and instrument rights acquisition, as well as of the legal effects of payment of partial consideration. Lastly, the issue is explored of the interpretationof Article10Clause2in Negotiable Instrument Law of China.The issue of bona fide will is analyzed in chapter three. Starting from the identificationcriteria of bona fide, the concepts and corresponding connotations of “non-bona fide will” and“significant negligence” are stated and their specific forms are explored. Then, aftertheoretical, textual and empirical analysis, the unreasonable points are noted in respect ofArticle13Clause2in Negotiable Instrument Law of China. At last, the issue of bona fide willacquisition concerning instrument is discussed and the instrument holders without right todisposal are carefully classified.The fourth chapter points out and discusses legitimate requirements of instrument forms,stating that the content recorded in instrument, the method in which the instrument is recorded,and the material of which the instrument is made of shall comply with the stipulations bycorresponding laws.The fifth chapter devotes to the protection of the rights of lawful bearer. The mainconcern is remedy of instrument loss and of instrument infringement. The remedy ofinstrument loss deals with the issue of right protection of lawful bearer in case of relative lossof instrument and absolute loss of instrument. The remedy of instrument infringement dealswith the issue of right protection of lawful bearer in case of presence of forged instrument andforged endorsement.