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Study On Right Of Supplementation Of Blank Negotiable Instrument

Posted on:2015-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:L F NiuFull Text:PDF
GTID:2296330476952378Subject:Law
Abstract/Summary:PDF Full Text Request
The blank negotiable instrument system developed from commercial activities. Based on mutual trust to facilitate the transaction, and in order to speed up the circulation of negotiable instrument, Parties used a negotiable instrument. It’s the result of the development of commodity economy, and it is a type of breakthrough to the traditional theory. As a negotiable instrument to type securities, the validity of the bill depends on the form of the element bills. If absolutely necessary inadequate recording, it will cause the bill to be invalid. However, in real life, the drawer and payee tend to have different purposes and requirements, so the traditional form of bills can not satisfied the drawer, the payee or the third- party traders’ different requirements for the deal.The right of supplement of blank negotiable instrument is the core issue of blank bill theory, which decides the legal effect of blank bill and the exercise of rights on the bill.Though China’s Negotiable Instruments Law provides a blank check system, the right to supplement the provisions of the blank bill is extremely simple, and it is unable to meet the needs of real life.Therefore, the right of supplement of blank negotiable instrument issue becomes very necessary.This thesis focuses on a comprehensive and systematic analysis to the formula of the right to autonomy and supplement perspective, blank supplementary rights legislation compared to the content of the legal status of the relationship between man and other bills. It summarizes the right notes about the blank supplement general regularity content, so as to improve blank complement our right system and provide effective recommendations.This thesis is divided into four parts as the follows :The first part of the thesis, from the bill’s form and autonomy under review complementary rights, summarizes the important theoretical issues on right to supplement, and understand the system of right of blank bill supplement autonomy.The second part of the thesis is about the compare of the blank supplement rights legislation mode.This section discusses the extraterritorial legislation to supplement right to adopt the legislation mode of blank, and legislation of our country on the blank supplementary right to comb.The third part of the thesis is about the legal status of the relationship between people’s bills. Through the drawer, and flip the holder the right to supplement the main instrument in the exercise of the rights and obligations of the parties the right to supplement the process of analysis, discussion of the legal status of the exercise of the right of each bill supplementary relationship between people in different situations, clear notes to each other obligations on the right.The last part of the thesis is the blank bill complementary rights legislation Suggestions. Through discussing the whole thesis, I hope that it can made a valuable legal advice ultimately.
Keywords/Search Tags:Blank Negotiable Instrument, Right of Supplementation, Supplementary Right Comparison, Legal Status, Legislative Proposals
PDF Full Text Request
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