文档介绍：Chapter 3 Instruments
objectives:
Parties involved
Acts of instrument
Instrument laws
Three main instruments and parison
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1 Negotiable Instruments
Definition: Is a chose in action,(法律上的产权) the full and legal title to which is transferable by delivery of the instrument (possibly with the transferor’s endorsement) with the result plete ownership of the instrument and all the property it represents passes freely from equities to the transferee, providing the latter takes the instrument in good faith and for value.
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definition
(广义)指商业上的权利单据(Document of Title), 作为某人的,不在他实际占有下的金钱或商品的所有权的证据。其权利可以转让。
(狭义)是以支付金钱为目的的证券,由出票人签名于票据上,无条件地约定由自己或另一人支付一定金额,可以流通转让。
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Functions
As a means of payment
As a means of credit
As means of negotiation
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Characteristics
Negotiability(流通转让性)
Non-causative Nature(无因性)
Requisite in Form(要式性)
Presentment(提示性)
Returnability (返还性)
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2 Parties to a negotiable instrument
Drawer: the person who draws a bill of exchange or a check upon the drawee for the payment of a certain amount of money.
Status? Debtor or creditor?
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Answer
Main debtor before acceptance while the secondary debtor after acceptance . He will be responsible to ?? Or ???
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answer2
Holder or any endorsers
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Drawee
lthe person upon whom a bill of exchange or a check is drawn. He is also known as the addressee of a draft.
Is the drawee the main debtor?
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answer
No, cause he didn’t sign in the bill. He doesn’t take the liability that the bill will must be honoured.
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