Notes Right In Good Faith System Research

Bona fide acquisition of instrumental rights, also referred to as bona fide purchase of instrumental rights or instant acquisition of instrumental rights, whereby a transferee acquires instrumental rights, in good faith, and in such means of transfer as is prescribed by the Negotiable Instruments Law from a person who has no due rights of disposal to an instrument, is a kind of legal institution that aims to promote negotiation of instruments, balance the rights and interests between the original rights holder and the bona fide transferee, and realize such values of law as social justice and economic efficiency. This thesis has, by the method of comparative analysis, with substantive laws as longitude and procedural laws as latitude, comprehensively studied the fundamental issues of the institution of bona fide acquisition of instrumental rights. Except for the preface and the final remarks, this thesis consists of four parts.Part I Overview of Bona Fide Acquisition of Instrumental Rights After an introduction to the concept and nature of bona fide acquisition of instrumental rights, this thesis has unvailed its theoretical basis and its practical ground in depth and details. The theoretical basis lies in the fact that the inseperability of instrumental rights and the physical form of an instrument endows the obligatory rights in the form of instrumental rights with moveable nature similar to "a thing", and assumes, based on publicity of the possession, the enjoyment of the obligatory rights by the possessor of instrument. The practical ground is that, in the era of commodity economy, transaction security which is dynamic, when compared to static security, better emobidies such values of law as freedom, justice, efficiency and order; thefore, laws give priority to protection of transaction security and promotion of instruments negotiation. Grounded on the above-mentioned motivations, this thesis has further analyzed legislative structures with respect to bona fide acquisition of instrumental rights from representative countries in both civil law and common law systems, and China as well.Part â…¡ Constitutive Elements and Legal Effect of Bona Fide Acquisition of Instrumental Rights...