Research On The Legal Issues Of Blank Endorsement

This paper takes the case of bill litigation between Taizhou City Luqiao market Nonferrous Metal Co. Ltd. v. road and Bridge Kangwei Packing Factory case as the main line, through the analysis of the three focus of controversy in the case, makes us have a detailed understanding about blank endorsement, and then put forward some suggestions on perfecting the blank endorsement system in China. This paper are composed by three sections, they are the introduction and the controversial focus in the case, the analysis of the controversial focus and conclusion.The first part introduces the case and the disputed focus in this case. there are three focuses of controversy, they are the validity of blank endorsement;exercising of the added right of blank endorsement and the identification of the continuous of blank endorsement.The second part analyzes the focuses of controversy in the case. firstly, the effect of blank endorsement. mainly based on the article 30 of the "negotiable instruments law" and the article 49 of the "The provisions on Several Issues concerning the trial of cases about disputes over negotiable instruments" this paper analyzes the effect of blank endorsement. Through the analysis we conclude that although the full endorsement principle are established in the "negotiable instruments law" the validity of blank endorsement are not completely denied,and the article 49 of the "The provisions on Several Issues concerning the trial of cases about disputes over negotiable instruments" admitted the effectiveness of blank endorsement。secondly, the analysis of added right of blank endorsement. On the basis of the analysis of the concept,nature and effect of the blank endorsement, this paper obtained that Without supplementation the right of bill cannot be exercised.And the article 49 of the "The provisions on Several Issues concerning the trial of cases about disputes over negotiable instruments" gives the last holder the right to make up the blank. lastly, the continuity analysis of the blank endorsement. This section firstly describes the concept and effect of continuous endorsement. and discuses the determination method of successive endorsement in different transferring ways. according to the theory of instrument law with blank endorsement on different transfer mode.The third part, makes a comprehensive analysis of the case and puts forward some related suggestions.Firstly, a review of the whole case, put forward the overall views of the author on the basis of the second part.Secondly, according to the case about the problems in the practical application of China’s endorsement system some suggestions to improve the blank endorsement system are put forward.