The Research Of Simple Delivery Transfer

In the traditional theory of negotiable instrument law,as the method of bill-rights assignment,simple delivery is rather popular by its convenience,besides endorsement,which is the representative of negotiability,and recognized by different legislation in nations.Neither in the theoretical cycle nor juridical practice,different conclusion still exists,about whether simple delivery is admitted by our law.This question will be discussed here and the author will try to propose a plan which can be receipt by the legislation,theoretical cycle and the juridical practice.Chapter I aims to discuss the theoretical basis of simple delivery,in order to pave the way for the subsequent discussion.Section I describes the scope of application and characteristics of simple delivery,along with the positive significance and relative risks in the commercial life.Section II tries to analyze and comb the action on negotiable instrument,bill relationship,bill rights and other legal terminology that only exist in the negotiable instrument law.And try to build a consistent and mathematic system of “action—rights of bill”.Section III mainly introduces and compares how bearer instrument and open endorsement are stipulated in foreign legislation.Chapter II discusses whether simple delivery is admitted by Chinese bill law,and analyzes the necessity.Section I introduces the legislative background and the reasons why the Chinese bill law didn't admit the abstraction principle or simple delivery.Section II summarizes and analyzes the existing research view of theory circle,by which a conclusion comes that simple delivery is not permitted by our law.Section III demonstrates that it is necessary to admit simple delivery by analyzing therequirement of judicial practice,the negotiability of bill,and the international conventions.Chapter III primarily discusses how to make suitable adjustment within the framework of laws and regulations,preparing to acknowledge the legal effect of simple delivery.Section I demonstrates that open endorsement should be admitted by the analyzing of several hypothesis,which holds the opposite opinion.Section II discusses the relationship between bearer instrument/ inchoate instrument and simple delivery.Section III discusses the defects and deficiencies of present bill public summons for exhortation,and proposes the solution channel.The conclusion summarizes the opinions in this dissertation.