文档介绍:Chapter 2 Instruments信用工具第一节票据概述
一、Definition of credit instrument票据的概念
A credit instrument is a written or printed paper by means of which funds are transferred from one person to another. Credit instruments monly used in international payments and settlements are bills of exchange, promissory notes and checks. They are also known, negotiable instruments.
Credit instruments may also take such forms as traveler’s cheque, certificates of deposit,treasury bills, treasury bonds, etc.
二、Instruments characteristic:
1)Negotiability
2)Non-causative Nature
3)Requisite in Form
4)Presentment
5)Return-ability
流通性
无因性
要式性
提示性
返还性
1. Negotiability流通性
A negotiable bill may be payable to the order of a specified person.
A negotiable bill may be payable to bearer.
A bill on which the only or last endorsement is an endorsement in blank may be negotiable.
A bill payable to a specified person does not contain words prohibiting transfer or indicating an intention that it should not be transferable , it may also be negotiable.
2. Non-causative Nature无因性
The reason(s) of issue or endorse need not to write on the face of the bill.
3. Requisite in Form要式性
The bill must contains the prerequisite items required by the law.
4. Presentment提示性
Present for payment
Present for acceptance
三、The three important negotiable instruments:
(1) Bill of exchange汇票
(2) Promissory note 本票
(3) Cheque 支票