| Loss of negotiable instrument is an unusual situation in the circulation of negotiable instrument. This dissertation, which begins from the concept of loss of negotiable instrument, with the method of comparison, analyzed the orientation of values about loss of negotiable instrument in china's legal system about negotiable instrument. The author here presents his views on some issues in the three remedial systems including reporting the loss and stopping payment, public summon for exhortations and proceedingsPart â… The concept of loss of negotiable instrumentThis part is about the concept of loss of negotiable instrument. The loss of negotiable instrument is that the bearer lost negotiable instrument but not on his inclination. It should be hedged with three qualifications: First, negotiable instrument of lost must be the real negotiable instrument; Second, the loss of negotiable instrument including the loss of directly occupy to and indirectly occupy; Third, the holder lost negotiable instrument not on his inclination. According to the loss of negotiable instrument's conditions, that loss of negotiable instrument is divided into absoluteness loss and opposite loss .It deciding that it whether can adopt the three remedial systems or not and how to remedy it. Part â…¡ Research on Legal System of foreign legal system of loss of negotiable instrument This part is about The England and The United States remedial systems. In England, the person who lost negotiable instrument can request the person who draws it write once more. If the drawer request guarantee, the person who lost negotiable instrument should provide the guarantee. This prescriptive have considered to the person of lost negotiable instrument and holder in due course. The United States adopted the proceeding system, and this system benefits for negotiable instrument loser, but then did not give the enough consideration to the holder in due course. But the proceeding is simple, time is short, the real results are strong and few influence on negotiable instrument. The system department in mainland nation mostly adopts the public summon for exhortations be used as the loss of negotiable instrument's remedy. The public summon for exhortations is that the court according to an application from loser of negotiable instrument, show with public summon for exhortations to tell the person to declare the right in the time limit. If no one declare, then sentence negotiable instrument invalid. Like this, the rights of negotiable instrument are separate with negotiable instrument and terminate negotiable instrument. Part â…¢ An analyze on our legal system of loss of negotiable instrument Our legal system about the remedy of losing negotiable instrument is combined the public summon of the civil law with legation system of the common law. And still reserves reporting the loss and stopping payment But some provision is still not enough perfect, and fail to protect the right of loser of negotiable instrument. This dissertation is analyzing the problem of our legal system.1.Research on reporting the loss of stopping paymentReporting loss of the stop payment is that the loser of negotiable instrument to avoid damage and protect his right, notice the drawer stop the paying. For the benefits of loser of negotiable instrument and negotiable instrument circulation, the author here present the person, who can apply for the public summon for exhortation should be wide. For undue negotiable instrument and blank negotiable instrument can apply for report loss of stop payment.2.Research on public summon for exhortationThe public summon for exhortation is a special proceeding the court according to the application who lost negotiable instrument sentence the invalidating judgment except the bearer declare the right in the time limit provided by law. A application should include drawer, drawee, payee, and even apply for undue negotiable instrument and blank negotiable instrument. By the way, we can use the Internet to announce it. Furthermore the... |
