Invalid Guaranty Of Negotiable Instrument

Guarantee in civil legal relations has been in existence for a long time,And playsan important function of credit enhancement and promote circulation.Guarantee incivil law may also be used for fulfillment of guaranteed bill debt,But due to the billhas meaning and conductivity characteristics, Such way is not very convenient. Inorder to adapt to the characteristics of bill, Our country negotiable instruments lawhas provided the bill guarantee system for fulfillment of bill debt, Is called guaranteein the negotiable instruments law, be called negotiable guarantee instrument forshort.Negotiable guarantee system, now is internationally a general important billsystem. The purpose to establish it that is for the implementation of negotiable debtguarantees,Thus safeguards the rights of bearer, and is helpful to reducing thetransaction risk, Enhanced paper credit, transaction security,speed up the allocationof resources, promoting the use and circulation of negotiability and other.Therefore,Study on the system has very important significance. But I found that the currentlytheoretical circles of our country’s negotiable law,the negotiable guarantee systemresearch especially invalid negotiability guarantee that is still in existence on thestudy of the vacuum.Therefore, the intention of selecting the topic comes from this.This article adopts the method of comparison and analysis, Takes the elementarytheory of guarantees in civil law system and the negotiable behavior for thefoundation,Combined domestic and international legislative practice and Comparisonwith the current legislation of the law governing negotiable instruments,Selecting"invalid negotiable guarantee" this Point of view to deeply explore the negotiableguarantee system.From the effective important document,Takes the dependency andindependent of negotiable guarantee this double nature as the main line,to discuss theInvalid situation and the power and responsibility which after the invalid,Andreconsiders the current negotiability guarantee system in our country.I hope I canfind out a Perfect strategy which not only Suits our country development reality butalso in keeping with current international development trend.I also hope that through my view to the solution of the current issue of negotiable instruments law of judicialpractice in the field of contribution meager strength.On this purpose, this article willbe divided into four parts to launch the analysis and elaboration:Part1.Establishment of Negotiable Instruments guarantee.This part mainlyintroduces the effective important document of Negotiable Instruments guarantee.And divided into form elements and substantive elements in detail, Also presents thetwo common specific guarantees in practice, And analysis of the effectiveness of twospecific guarantees, Prepares the ground for the situation of following elaborationinvalid Negotiable Instruments guarantee.Part2.Factors that affect the Effectiveness of Negotiable Instrumentsguarantee.This section discusses the two major properties of Negotiable guarantee,and their respective influence on the effectiveness of Negotiable Instrument.Dependent and independent of Negotiable Instruments guarantee is a researchinstrument to secure the basis of a system, This is launches the essential requirementsof entire elaboration and analysis issue, Only this already can satisfy the civil contactand business circulation regarding the pursue of transaction security and transactioncredit, Also can demonstrate in the policies and regulations regarding the protectionof Negotiable Instruments debt debtor rights.Part3.Situation of invalid Negotiable Instruments guarantee. According to thefirst two parts in detail, Therefore some elaboration invalid Negotiable Instrumentsguarantee situations have provided the clear mentality, In view of the effectiveNegotiable Instruments guarantee can very easy promotes the invalid situation.Part4.The legal consequences after the negotiable guarantee was invalid.Negotiable Instruments guarantee invalid have corresponding legal consequences,This part elaborated the Negotiable Instruments guarantee was invalid the legalconsequences issue after the plea power these two angles of duty and guarantor ofNegotiable Instruments guarantor responsibility.