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Loss Of Bill And Legal Remedies

Posted on:2008-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z YuFull Text:PDF
GTID:2206360215991827Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The bill loses is the bill pasts the unusual situation, the bill achievement supposes the power negotiable securities and the prompt negotiable securities, lost the bill to lose has exercised the bill right certificate, after the bill loses also frequently is following a series of point of order and the entity question. As a result of the bill law unique technology rule, with a people commercial law general theory existence bigger difference, the laws and regulations itself abstract, loses the ticket relief domain existence more disputes question and the fuzzy stipulation in addition. The civil procedure law enumerates the way limits bill to lose, also insufficiently is comprehensive, also is clear about the constitution important document with difficulty which loses. But makes clear the responsibility and risk undertaking which the bill loses, studies in the situation which the bill loses, how carries on the corresponding recovery, how protects own well rights and interests, dodges and passes the burden the risk, not only is the economy, the law public figure needs to solve question, moreover is each bill relates the participants all anxious matter of concern.Formerly, lost and recovery many research about the bill stresses to loses the bill to the bill right person the situation to conduct the research, the various countries' law are also many from the legal system establishes some relief methods and the procedure as the bill right person. But, in real life, but also has many non-bills rights person to lose the bill the situation, as well as to the good intentions third person of benefit protection question, does not conduct the research to these phenomena, does not carry on the relief to these special formidable sponsors, has no alternative but to say is one kind of regret.At the same time, as a result of bill method broad and profound, as well as the bill rule particularity, the legal article abstract and so on the factor, the bill loses the relief domain to exist many disputes, the laws and regulations semantics fuzzy question. Although the recent years theory unceasingly increased to the bill method research, the research degree unceasingly was also thorough, The bill method monograph and the paper unceasingly emerge, but the existence information which collects on the author looked, scholar the relief question which loses to the bill lacks the enough value, lacks loses the relief question to the bill the system research, regarding this the question conducts the thorough research insufficiently to be also many. The deepening loses the phenomenon to the bill the understanding, studies loses the bill relief method to each kind, not only is necessary, moreover is urgently needed.This article by the introduction, the bill loses the relief system the general principle, in the international joint pledge bill loses the relief system and the value orientation, our country to the bill loses the relief, as well as our country bill loses the relief system the further consummation and the conclusion six chapter of constitutions. The full text branch divides into four parts, loses the relief system from the bill the general principle to obtain, held and the bill to the bill loses has carried on the classification and has carried on the limits to the correlation question(second chapter). To lost with the bill relates the closest bill the forge question to conduct the research.. Outlined in the international joint pledge bill to lose the relief system and the value orientation, and compared the method has analyzed our country and the English America legal system and the Geneva unification bill law system in the system stipulation main difference(third chapter). From the research entity question angle, loses the relief system and the extant stipulation to our country bill is fuzzy and the dispute question carries on the evaluation. In view of the real life in, the non-bill right person loses to the bill positive governing situation, inquired into loses the bill to the non-bill right person the relief method. The deepening loses the phenomenon to the bill the understanding, studies loses the bill to each kind to lose the ticket relief way, the question which how then searches analyzes which our country bill to lose the relief system further consummates(fourth chapter).
Keywords/Search Tags:negotiable instruments possession, negotiable instruments forfeiture, relief regulations
PDF Full Text Request
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