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The Empirical Analysis Blank Endorsed A Negotiable Instrument Law

Posted on:2018-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:X H DingFull Text:PDF
GTID:2336330533956202Subject:Law
Abstract/Summary:PDF Full Text Request
Blank endorsed the bill was the product of the pursuit of efficiency of market economy,blank endorsed abound in the trade exchanges,but our paper legislation does not recognize such an endorsement in the form of a conflict with the mainstream trend of the world,not only has caused many disputes in the waste of judicial resources,hindered the circulation of bills.The author in the introduction puts forward the problems associated with the blank endorsement,leads to a classic case,briefly introduces the case of blank endorsement of controversial story,and the first and second instance court judgment results.Then the analysis of the above cases and contradictions proposed blank endorsement in the practice of the legal effect of China does not recognize the blank endorsement,but commercial activities in the existence of a large number of bills,in order to solve this kind of dispute whether China should admit the legal effect of blank endorsement.The paper is divided into three parts to carry on the elaboration:The first part: mainly around the introduction part puts forward the problems in discourse analysis,first of all,this paper expounds the basic concept of blank endorsed the bill and the legal system for this paper in our country;Secondly,discusses our country does not recognize the performance of the blank endorsed the legal effect in the following aspects: the continuity of blank endorsed that there is a problem,supplementary record right is not clear,no simple delivery,etc;Finally,put forward the blank endorsed the legal effect of dispute reason mainly includes: blank endorsed the bill circulation risk is bigger,this kind of paper is not conducive to protect the interests of the holder,endorsed in blank system in our country is in the exploration phase.The second part: mainly related to blank endorsed the bill outside the legislation,the author through the consult outside on blank endorsed the bill law,supplementary power,the simple delivery,continuity and so on legislation,contrast to the insufficient of our country’s legislation in the aspects: China does not recognize the legal effect of blank endorsed the bill,to complement the specified rights are not clear,deniedendorsement in blank paper simply judging on the delivery way and only through the form of notes the continuity of endorsement.The third part: in this section the author expounds admit endorsed in blank paper mainly includes: the necessity of convenient blank endorsed bill circulation,this paper’s secretive and market development in China laid the foundation of admit endorsed in blank paper.Further put forward the legislative Suggestions: legislation admit the legal effect of a negotiable instrument,endorsed in blank,endorsed in blank paper essentially continuity and pure delivery transfer way,supplement and perfect the regulation about the right of records.Hope to comply with the demand of market in our country establish the relevant systems of the endorsed in blank,endorsed in blank for paper liquidity provide a solid guarantee,to further protect the right of the assignee.
Keywords/Search Tags:bill, blank endorsement effect, relevant legislation
PDF Full Text Request
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