Discussion On Claim For Repay Bill Interest Institution

The bills are valuable Securities which holder may receive payment from drawer or specified payer within a certain date,Bills interest refund claim is a right that holders can exercise when their bill right wiped out owing to aging expiration or Lacking of rights preservation procedures.Holders can request beneficiaries to return interest.The article 18 of People's Republic of China negotiable instrument law states the right,It is not a bill right although it is stated by negotiable instrument law.lt's nature Similar to named claims,It seems to exist between civil law and negotiable instrument law.Germany and Japan provide the right,However,Britain the United States and Geneva unified draft promissory note law that marks notes standardized specifications do not provide the right.Furthermore,In academia the dispute about the nature of the night never stop.Germany bills laws expressly characterize it as unjust enrichment claim.Our country describe it as a civil right.And other countries did not explicitly nature.Except dispute in legislative theory,There are many difficult Problems that the appliance of the right in judicial practice,Even appear situation which the same case of different judgments.So the author think the right is not only a theoretical issue but also practical issue,But our legislation regulations are too simple,It is difficult to supply sufficient basis and clear guidance for judicial Practice.So In this paper,the author will apply synthetically jurisprudence,civil and commercial law,bills legal and other related knowledge,and apply many methods,such as comparison,lists,analysis,induction,summary etc.From general to specific,Specific issues specific analysis etc materialist dialectics to elaborate the above issues.I wish to contribute to revise and improve our country instrument law.The first chapter of this paper introduce the basic questions of the bills interest refund claims:First the right is stated by Negotiable Instruments Law in order to balance the interests of both parties based on the principle of fairness from the perspective of learning,Then explore its legislative value,The author think the right reflects fairness,efficiency and equity value.At last analyze the constitutive elements of the right:The claimant is final holder of the bill right,The debtors are actual beneficiaries,The bill right is wiped out owing to aging expiration or Lacking of rights preservation procedures,Bill debtors benefit from it.The second chapter describe the dispute about the value of the right,The author tend to qualify it as a legal special claim in view of the fairness principleThe third chapter is both the focus and difficult issue,This chapter comprehensively analyzes the application of the right:The right and bill basic claim are mutually exclusive;The place of exercise is the originator of the drawer or debtor;It can be transferred after notifying the debtor on the basis of two parts negotiation;In order to implement the spirit of Negotiable Instruments Law that end bill relationships and promote bill flow as soon as possible,The right shall apply to one year's litigation limitation.The forth chapter at first analysis aging expiration lacking of rights preservation procedures and deficiency bill recorded items whether request legal remedy,In conclusion that applicable circumstance is aging expiration in our country.At last the author post modify opinion of the article 18 of our country negotiable instrument law:Qualify the claim as a legal special claim;Interest refund range is the debtor's actual benefits;Formulate one year's litigation limitation From the right sets up.