Identification Of Bill Endorsement Continuity

Endorsement is the legal circulation method of negotiable instruments. Continuity of Endorsement is the crucial to judge the bearer as negotiable instruments oblige. According to stipulations of the first of clause 31 for Law of the People's Republic of China on Negotiable Instruments, endorsement may be continuous to negotiate the rights on the bill by endorsement. But at present our law may not make united stipulations for continuous negotiable instruments endorsement affirmation and theoretical circle discusses this part.The paper starts from the connotation of endorsement continuity and its legal force for bearer and payer to analyze the importance of endorsement continuity for its circulation, integrating the legal and judicial practice, negotiable instruments practice. Based on lots of defects for the law system and not united rules of endorsement for the theoretical cycle, this paper reveals the importance of continuous confirmation rules for united endorsement.And then this paper finds experience from continuous legislation and practice of endorsement in legal system of the United Kingdom, America, France and Geneva. Based on the ancient opinion and legislation practice, this paper thinks(that) continuous endorsement may possess the following conditions: Firstly, effectiveness, all endorsement forms are effective. Secondly, continuity, the record sequence of endorsement has continuity from the macroscopic opinion and the first endorser may be bill collector. Thirdly, identity, the continuous endorsement may have identity. Later, the purposes of this paper discuss the endorsement continuity to judge from non transferrable endorsement, defacement endorsement, blank endorsement and forging endorsement, and explore the endorsement continuity confirmation under different circumstance to get theoretical support for solving the endorsement circulation puzzles about the bearer confirmation and negotiable instruments rights.Finally, the paper makes conclusion and suggests for the related systems, including the following parts, firstly, legislation improvement for endorsement confirmation rules integrates the clause 51 of several issues stipulations about trial endorsement dispute cases from Supreme People's Court, and alters the second of clause 31 of stipulations about law of negotiable instrument to confirm the continuous form for negotiable instrument endorsement as negotiable instrument continuity means form continuity and the receiver of negotiable instrument is endorser, if over twice transferring endorsement, endorser for each time successively links up with the endorser in negotiable instrument for the last time, the bearer may be the last endorser. Secondly, legislation confirms the blank endorsement and builds the continuity confirmation rules to allow bearer replenish the blank endorsement to deliver to others or transfer to the third people to make the above-mentioned endorsement continuity without any complement records. Thirdly, the defacement endorsement and endorsement continuity rules may be built by introducing the endorsement continuity methods of defacement endorsement about law of Negotiable Instruments in Tai Wan and stipulating defacement endorsement effect to make sure negotiable instruments smooth and market trading safe, the bearer right. The defacement endorsement may not influence endorsement continuity as undocumented parts, and opposite of it regarded as not defacement.