Research On The Legal Issues Of The Right To Claim The Return Of The Bill

Paper interests right of recourse is when the holder of the bill rights are consumed by aging or lack of certain formalities, the holder for the drawer or acceptor in the interests of limit request the right to return. Because the bill is negotiable, and bill payment request high liquidity, the general rules of business transactions and payments and settlement is difficult to effectively adjust the legal relation of the notes, the need for special bill legislation. Since paper interest return claim legal relationship to produce, academia and practice instrument to return the interests of the legal nature of right of claim, return of interest in the range of major controversy, return the right of claim right subject to paper interests return, constitutive requirements, time, scope and problems also exist in a larger dispute, various view differences, in the negotiable instrument law legislation in China is also not clear. Not only so, in our country in the world, national interests on the bill back right legislation of the legal system is different. Therefore, studies of bills interest return the legal system of right of claim has never stopped, and the more fierce, with the necessary and significance of the further research.Belong to the nature of interest right of recourse on the return of unjust enrichment claim. Since the negotiable instrument law is a kind of civil special law, and the interests of the right of recourse as a civil rights of a special law on, can't cut it with the civil law on the several basic types of debt, especially with the debt of unjust enrichment, on the contrary, only will it in the debt of the basic types of positioning and qualitative, can accurately grasp the nature. Contract, tort, unjust enrichment, negotiorum gestio, contracting fault is the basic types of bonds, bills interest right of recourse is based on the debt of unjust enrichment. Whether regulation interest return the right of claim system two law systems, their common purpose is for the benefit of the negotiable instrument scale and protect the interests of the holder, to promote the fast circulation, make the function of paper fully implemented, whether the interest return the right of claim system in the legislative regulation, is determined by specific legislation system of all countries. Throughout the negotiable instrument law, we can see that the continental law system countries generally defines interests in its commercial legislation for return.Paper interests in our country negotiable instrument legislation in our country need to return the right of claim system, has the vital significance in China but return paper interests right law claim too short, there is paper interests returned to the nature of the right of claim is not clear, note the return of the right of claim for return of scope is unreasonable, return the right of claim legal paper interests expression of a logical error, return the right of claim interest provisions and other laws exist many problems, such as certain conflict, should be perfect, to better play the notes in the role of the market economy. Ought to make clear from the nature of interest for its return belongs to the unjust enrichment claim, perfecting the paper interests return of reason, specific requirements for the return of the right of claim for return of the scope and clear notes the limitation of interests to return the right of claim of China's paper interests return the right of claim to be perfect. This article through to our country paper interests return the legal system of right of claim for research, by asking questions, and in-depth analysis, and then find relevant problems, and puts forward the Suggestions to solve the problem, return the right of claim for the interests of perfect our country paper explores the legal system, in order to return the right of claim for paper interests.