The Legal Effect And Endorsement Of Continuity. Endorsement Of Forged

The forged endorsement on bills refers to exercise the bill right as a goal, pretends other people or fictionalizes the human name, endorses in the bill. It's the illegal activity. The forged endorsement belongs to the bill fabrication. In the usual, the bill fabrication including showing a forged bill and other forged bill behaviors ,for example :endorsement, acceptance, guarantee and so on. Because forged acceptance, forged guarantee are rare to see, therefore the relative rules on forged bills and the theory elaboration all mainly concentrate in showing a forged bill and forged endorsement.This article begins from the case, elaborates the relative questions of the legal effect of the forged endorsement and the continuity of the endorsement. Besides the preface and the conclusion, the main text includes four parts.The first part, the basic situation of the case and main dispute points. This part mainly analyzes the basic situation of the case, as well as the two dispute points, one is the legal effect of the forged endorsement; Another is recognizing continuity of endorsement.The second part, the elementary theory about the forged endorsement. Firstly analyzes the concept of endorsement and the forged endorsement, summarizes three characteristics of the forged endorsement; secondly, points out the differences between the forged endorsement and other close concepts , like showing a forged bill, the bill endorsement without right to act, the bill endorsement has no agency right.The third part, forged endorsement and protection of the bona fide bearer's benefit. It mainly analyzes the British and American negotiable instruments law's and the Geneva bill system's different stipulation on the forged endorsement, pointing out that our country "Negotiable instruments law" protects the bona fide bearer, not to protect the bearer with evil intention.The fourth part, the recognition of endorsement's continuity. This part begins from stipulations of " Negotiable instruments law ", to analyze the function of the endorsement and the way to exercise the right of the bill, summarizes four important documents of the endorsement's continuity. In a different viewpoint, I analyze the whole case. In this case, the second endorser does not write in the second endorsee fence, cannot deny the continuity of the forward signatures, therefore ,"A" company's seal in the second endorser fence had proven "A" company this bill's debtor, it could not show the bill to the bank and obtain the bill's fund. It was the bank's wrongness to pay money to the bill endorser, the bank had to undertake the compensation responsibility to plaintiffs loss.The conclusion part, this part including the author's view as well as the reason to the above-mentioned case.