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Discussion on the Protection to the Person in Good Faith on Negotiable Instrument

Author: ZhangChunYu
Tutor: ZhaoXinHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: Goodwill Well-intentioned people Notes acquired in good faith Bills defense system Notes agency by estoppel
CLC: D922.287
Type: Master's thesis
Year: 2006
Downloads: 121
Quote: 0
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Abstract


In a period of quickly economic development, commercial instrument becomes a necessary instrument in economic trades, especially the effect of circulation and credit. To protect the circulation of commercial instrument, the person who join in the relationship of commercial instrument should not consider where the commercial instrument come from, and whether the owner has right to deal with the commercial instrument. When the person in good faith earned the commercial instrument in law, he or she has the right on commercial instrument. Only protect the right of the person in law, people can receive commercial instrument according to commercial instrument law, and people can transfer commercial instrument, and so better the circulation of commercial instrument. so the reference between the person in good faith protection and the commercial instrument protection is neat. In this article, writer gives some examples of the protection of commercial instrument law about the person in good faith, from the angle of statutory provisions and legal system.This article divides into four chapters, mainly study the following contents:Chapter one is the study of the person in good faith on commercial instrument. In this section, first, the writer analysis the definition of the person in good faith and the person in bad faith, and then comes to the conclusion of the definition of the person in good faith and the person in bad faith of my own, mainly about the three requirements objectiont. It has particular definition about the person in good faith and the person in bad faith in commercial instrument law. It is because commercial instrument is formal securities, writing securities, and dress securities that is performed. So it has particular characters of the definition of the person in good faith and the person in bad faith. We can come to the presumptions that if the dress according to law that the holder is in good faith. Second, the writer has a

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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