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票据作为一种无因证券,已为世界各国票据法所公认,我国票据法亦以无因性理论为基础构筑了各项法律制度,包括票据的抗辩限制。所谓票据抗辩,是票据债务人基于合法的事实或理由对票据债权人提出的请求予以拒绝的行为。而所谓票据抗辩限制,又称作抗辩切断,是指“在就某一票据权利存在着对人抗辩事由的场合,当该票据权利依票据法规定的转让方式进行转让时,该抗辩事由不随之而转移,票据债务人不得以之对抗后手票据权利人。”对于票据抗辩限制的界定,学界与司法实践界多有争议,本文拟对相关内容加以分析,以求教于大家。
As a kind of security-free securities, bills have been accepted by the instruments of negotiable instruments all over the world. The bills of law in our country also build various legal systems based on theories of non-causes, including the countervailing restrictions on negotiable instruments. The so-called negotiable instrument bill is a refusal of a bill debtor on a creditor’s request based on lawful facts or reasons. The so-called counter-argument restrictions, also known as defensive cut off, means “in the case of a bill there is a defense of the rights of the occasion, when the right to negotiate the bill under the transfer of the transfer of the law, the defense does not follow However, the debtor of a bill may not oppose the proprietor of the bill with the counterfeit bill. ”There is much controversy over the definition of counterfeit bill. There is much controversy between academia and judicial practice. This article intends to analyze the relevant content so as to learn from everyone.