Bank Of Beijing Qianmen Branch And Beijing Rui Long Company Bill Liability For Damage Due To Analyze

The ticket agent in the current study theory,some scholars think bill ostensible agency does exist,other scholars denial,don't think bill proxy behavior phenomenon of agency by estoppel.But overall,although have questioned,admit that bill behavior has been the mainstream of ostensible agency,paper has much theoretical research in system of ostensible agency;On the contrary,practice,practice bill proxy dispute even existed phenomenon of ostensible agency,whether the parties and their agents or court judge,rarely in the actual bill proxy dispute,with ostensible agency theory as the basis for a negotiable instrument law practice.At present,the rapid development of social economy,people's income level is higher and higher,cheques,bills of exchange,promissory note paper develops gradually by a handful of people apply to the company before from trading,financial borrowing,daily economic activities,such as payment for the above paper theory has been gradually perfect,but are rarely used in legal practice,this kind of situation is worth us to study.Combining with bank of Beijing qianmen branch and Beijing rui long company paper damage responsibility dispute case,in the perspective of agency by estoppel a negotiable instrument,the analysis of the ticket agent behavior,explore ostensible agency theory in the field of ticket agent,and paper ostensible agency theory in the practice of some uniqueness.In our country,negotiable instrument law is not as detailed rules on the civil law and contract law,the agency by estoppels system but does not mean that the paper will not appear in the ostensible agency,and we think the paper should be applicable civil and commercial law theory and the principle of ostensible agency is analyzed.In this article,through finishing the details of a case and trial of this case,the focus of controversy on the case summarized as: note the cognizance of the relation to the agency authorized agency by estoppel,note the agent of the other party in good faith and without fault of identifying,my negligence,negotiable instrument law,article 5 of the understanding,and from the Angle of negotiable instrument agency by estoppel one by one,the legal analysis of the focus of dispute: paper the cognizance of the relation to the agency authorized agency by estoppel should have the form of special requirements;The other party in good faith and without fault shall be deemed to be in good faith and without gross negligence;Notes on the establishment of the agency by estoppel is less on the premise of himself without fault.This paper argues that,from the ostensible agency theory to analyze the case of the notes,the front door branch of a claim is not support,on the basis of the original sentence,if can use the theory of agency by estoppel argument analysis,appropriate opinion will be more fully.