The Protection Of Acquisition In Good Faith Of Instrument In The Course Of Public Summon For Exhortation In China

The legislative purpose of instrument law is for the convenience of instrument negotiability and the safety of transaction, so all the relevant institutions in instrument law shall follow this principle. But in practice, there exists some problems in the course of the enforcement of related regulations and rules. For example,the laws and regulations do not expressly protect the acquisition of instrument in good faith in procedure of public summon for exhortation The Article 12 of the Instrument Law of the People's Republic of China indicates in the counter face that acquisition of instrument in good faith is an important rule in instrument law, which is essential for the protection of transaction safety. In order to protect negotiability of instrument and transaction safety especially to protect legal interests of bona fide holder of instrument, the institution of acquisition in good faith have been adopted by instrument laws of many countries and regions. However, the subparagraph 2 of article 195 of the Civil Procedure Law of the People's Republic of China stipulates that within the period of the public notice, assignment of rights on the instrument shall be void. That is to say, even the holder acquires the instrument, in good faith, during the period of public summon for exhortation, such holder cannot be protected by law. So it is necessary and important to research the acquisition of instrument in good faith during the period of public summon for exhortation. There are four main chapters in this article.In chapter one, the author discusses obstructs that impede the protection of the acquisition of instrument in good faith during the period of public summon for exhortation. Firstly, the author expatiate the importance, essentials and validity of public summon for exhortation of instrument, secondly, the author points out the conflicts between the void assignment of the title of instrument and the acquisition of instrument in good faith in the course of public summon for exhortation.In chapter two, the author discusses the theory of the acquisition of instrument in good faith. The author introduces and analyses the origination of the acquisition in good faith of instrument and analyses the essential elements and consequences of the acquisition in good faith of instrument.In chapter three, the author analyses the protection value of the acquisition of instrument in good faith during the period of public summon for exhortation in China. Through the aspects of the protection of instrument transaction safety, economic benefit and justice, the author insists that the acquisition of instrument in good faith during the period of public summon for exhortation shall be protected by law.In chapter four, the author discuses the improvement of the protection of the acquisition of instrument in good faith during the period of public summon for exhortation in China. After the introduction of the new trends of Japan's doctrines and judicial precedents on the acquisition of instrument in good faith and the theory of that in Taiwan, The author discusses how to improve the protection of the acquisition of instrument in good faith during the period of public summon for exhortation in China.Comparison, induction and economic analysis are the mainly methods used in this thesis. The author demonstrates from various aspects that the institution of acquisition of instrument in good faith for during the period of public summon for exhortation shall be perfected in China.