Research On Legal Problems Of Negotiable Instruments Consideration

The legal problems concerning Negotiable Instruments consideration make a new area in our country's Negotiable Instruments laws and their practice, full of challenges for the practitioners of Negotiable Instruments laws. Though in some countries, there are no definite prescriptions on Negotiable Instruments consideration, however, that does not mean Negotiable Instruments consideration is of no value. Quite on the contrary, it has its significance both in theory and practice. The appearance of the term Negotiable Instruments consideration in our country's law system is a breakthrough for the betterment of our whole law system. However, due to its newness in our law practice, Negotiable Instruments consideration still needs time and efforts of business law theorists to achieve its maturity. After a thorough reading of academic works in this field, together with personal thinking, the author gets some ideas and suggestions on Negotiable Instruments consideration; hopefully, this may be of help to the study of Negotiable Instruments consideration in our country. The whole thesis can be grouped into four parts: The first part concerns the general understanding of Negotiable Instruments consideration, setting up a basic theoretical skeleton on Negotiable Instruments consideration. 1. Elaborate on the connotation of Negotiable Instruments consideration. By way of summarizing several authoritative views on Negotiable Instruments consideration in the world, the author considers the definition of Negotiable Instruments consideration should be: Negotiable Instruments consideration is the exchange of Negotiable Instrumentss under the condition that each party is willing to offer the Negotiable Instruments at the expense of their desired requirements, thus it is one important step that must be followed in the activities of Negotiable Instrumentss. 2. Give a systematic analysis of the legal principles of Negotiable Instruments consideration. Through the comparison between Negotiable Instruments consideration and negotiable instrument by way of examples, we can get the corresponding legal rules of Negotiable Instruments consideration: Negotiable Instruments consideration is the union of subjectivity and objectivity; Negotiable Instruments consideration can be applied at present, in the future, and also in the past; Negotiable Instruments consideration must be real, and it can be expanded to the third party; the inefficient Negotiable Instruments consideration can cause Negotiable Instruments consideration unreal, or deceptive Negotiable Instruments; Negotiable Instruments consideration must be lawful: Negotiable Instruments consideration must be executable; and Negotiable Instruments consideration can't decide the amount of Negotiable Instruments right.The second part focuses on the value of Negotiable Instruments consideration, and this part will be developed from law philosophy and practical legal effect. 1. The revelation of legal merits of Negotiable Instruments consideration: the final goal of law is to pursue order, freedom, efficiency and justice, while Negotiable Instruments consideration has its significance in these four aspects. 2. The legal effect of Negotiable Instruments consideration in law business: Negotiable Instruments consideration has its influence on the Negotiable Instruments law from different angles, the relation between Negotiable Instruments consideration and Negotiable Instruments's occasionality proves that Negotiable Instruments consideration can make up the flaw of Negotiable Instruments occasionality; the relationship between Negotiable Instruments consideration and the benign obtainment of Negotiable Instruments shows that Negotiable Instruments consideration is one necessary condition of the benign obtainment of Negotiable Instruments; the relationship between Negotiable Instruments consideration and Negotiable Instruments counterplea manifests that Negotiable Instruments consideration can be the cause of Negotiable Instruments counterplea, while the counterplea without considerati...