Study On The Applicable Scope Of Bona Fide Possession Of Bill Rights Of Bill In China

This paper mainly discusses the applicable scope of bona fide possession of bill rights. The flaws in the circulation of bills involve two issues, one is that whether the final bearer will be requested to restitute the bill by the loser or the stolen person and whether the obligor could refuse to liquidate its own obligation because of the special situations including forgery, loss, pilfer and so on. The other is that whether the endorser can claim the assignment is invalid or revocable on the basis of the flaw of transfer and request to restitute the bill, and whether the obligor could refuse to liquidate its own obligation considering the referred situation. The writer supposes that the applicable scope of bona fide possession of bill rights should be based on the two issues, bill's features and the relationship between different parties.Besides Preface and Conclusion , this dissertation is divided into 4 chapters as follows:Chapter one analyzes the particularity of bona fide possession of bill rights of bill according to three aspects : the origin of bona fide possession of bill rights of bill, the features of instrument rights and the theoretical basis of bona fide possession of bill rights of bill. And then it expounds some problems on the Article 12 of our country's Bill Law through comparing the relevant regulations in continental law system.Chapter two concerns that bona fide possession of bill rights of bill is made to protect the circulation of negotiable instruments. In addition, it mainly discusses the following issues: what is the boundary between bona fide possession of bill rights of bill and related systems , how to define such boundary, and which facts influence its scope.Chapter three dissertates that bona fide possession of bill rights of bill can be used in ex right disposition. And then the writer puts forward own ideas according to the traditional viewpoint after distinguishing different situations concerning ex right disposition. Chapter four focuses on analyzing the concept of transfer defects and the practicable application of bona fide possession of bill rights of bill in different situations.