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Study on a Blank Bill

Author: MengJun
Tutor: XuMingYue
School: Southwest University of Political Science
Course: Economic Law
Keywords: Blank notes Legal system Items recorded Supplementary Right Unilateral civil legal acts Geneva Law Types of bills Notes behavior Negotiable Instruments Law Department Discussed in focus
CLC: D912.28
Type: Master's thesis
Year: 2002
Downloads: 201
Quote: 2
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Abstract


In Part I , a blank bill is issued under the conditions that a drawer intentionally makes several necessary items vacant and authorizes the counterpart to complete them. A blank bill has different names in different countries; A blank bill has come into being on the basis of violating the traditional bill theories and of contacting the long-term practice. The laws on negotiable instruments in most states as well as regions have undergone the process with a blank bill not being admitted to being done. In the realistic economic life, a blank bill can be classified into different categories on the basis of the targets that have been vacant and negotiable instrument categories; A blank bill is able to facilitate commercial trade, however, it isn’t flawless; There are obvious distinctions in appearance and contents between a blank bill, a quasi blank bill and an incomplete bill.In Part II , the analysis on the formulating position on the negotiable instrument law in different states and regions shall contribute for us to discover the difference between our negotiable instrument law and the advanced level in the world.In PartHI, a blank bill is provided in both Documents Law of the PRC and Temporary Regulations on a Blank Bill of Shanghai. However, there are obvious defects in such provisions. One of them is that neither of a blank promissory note or a blank draft is permitted.In partIV,what should be specially considered in current law includes: the necessary elements for a blank bill; the legal force of a blank bill and the others, it is generally said that the necessary elements for a blank bill include the following:(I) Effective signatures by the blank bill actors. Signatures can’t be vacant even if the other necessary elements of a blank bill can be so. (II) Partial vacation of the necessary elements of a blankbill. The negotiable instrument without necessary elements vacant is part of complete instruments, while the negotiable instrument with the whole necessary elements vacant is part of invalid negotiable instruments. (IE) Factual and effective delivery of a blank bill. Delivery means placing a blank bill under counterparts’ control. (IV) There have been quite a few disputes among the scholars on the nature of the authorization about the blank bill supplement right. In the other’s view, the authorization conduct falls into unilateral civil juristic act, which is different from any other theory. Vacation supplement right is the core of the legal relations concerning a blank bill, its nature, basics for emergent methods for authorization and legal force shall be focused on in the following sections. As for its legal force, a blank bill shall be turned into a perfect negotiable instrument on being completed, therefore, the validity of a blank bill mainly refers to the very state of effect from the time of issuing such a bill to completing it. As for as different parties are concerned, the force of a blank bill is not exactly the same.

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