On The Application Of Law Of The Legal Remedies For The N Egotiable Instrument Rights After The Abrogation Of The Inval Idating Judgment

The public summons for exhortation as the legal setting in a non litigation whichplay a great role in safeguarding the legal negotiable instrument rights and ensuringeconomic security. But in recent years, malicious application for the public summonsfor exhortation occurred frequently which not only infract the legal negotiableinstrument rights of the obligee,but also interfere with the economicdevelopment,moreover,this illegal act creates the great waste of the law relief forself-governance. To safeguard their own legitimate rights, the obligee will have torevoke the invalidating judgment, bring an action in tort and take other ways againstthe malicious lawsuit. That raises many legal issues, worthy of our analysis anddiscussion.The study of this paper is the applicability of negotiable instrument rightsremedy after the revocation of the invalidating judgment. Besides the introductionpart, the paper is divided into four chapters:the presentation of the case,the legaltheory analysis of the focus, the analysis of specific legal issues and the conclusion.The first chapter, briefly introduces the bill recourse dispute of Jiang Hecompany, and put forward the focus of controversy and differences in this case. Thefocus of controversy is how to identify the bill rights and the nature of the mainparties after the revocation of the invalidating judgment.It includes that the nature ofthe bill right after the cancellation according to the law, the judgment of the bill’sprescription at the revocation proceedings and the existence of legal relationship ofthe bill if the payer on record has paid the bill in full payment after the revocation.The second chapter, analyzes the legal theory of bill right remedy after therevocation of the invalidating judgment.This is the main part. The author elaboratesthe basic theory of invalidating judgment, revocation requirements, revocationconsequences and the choice of legal remedies. It lays the theoretical foundation forthe next part.The third chapter, analyzes the legal issues of Jiang He company’s billdispute.This part is the core of the thesis. The author make a detailed study on thespecific legal issues based on the basis that the last part involved. There are fourlevels: how to identify the nature of the bill right after the cancellation,how the behavior of the paying bank influences the legal relationship of the bill,what thefeasibility and the applicable standards of the bill litigation remedy are in thiscase,and that the important aspects of legal remedy applicable to similar cases.The last chapter, the conclusion. The author proposes own research conclusionsand inspiration to deal with such cases in judicial practice based on the analysis of theformer three parts.