Today, the editor will tell you about the non-negotiable relationship in civil law. The so-called non-negotiable relationship in civil law, also known as the basic relationship of negotiable instruments, means that although it is not adjusted by the negotiable instrument law, it is related to the behavior of negotiable instruments. There is a legal relationship that is closely related to the relationship between bills and bills. The basic relationship of bills is the substantive relationship of bills, including two specific explanations of bill reason relationship and bill reservation relationship. Please
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(1) Reason relationship
of negotiable instruments The cause relationship of negotiable instruments refers to the relationship of rights and obligations formed according to the reasons for granting and accepting negotiable instruments between the parties to the negotiable instruments. It is the relationship of rights and obligations in civil law, which itself does not have the content of rights and obligations of bills, and is also called the relationship of causes. The reasons for bills mainly include payment of price, loans, gifts and entrusted withdrawals. There are two types of note reason relationship: with consideration and without consideration. Generally speaking, the causal relationship of negotiable instruments has consideration, and the causal relationship of negotiable instruments recognized by my country's negotiable instruments law is limited to taxation, inheritance and gift.
The effect of the relationship of the cause of the note on the relationship of the note. Once the negotiable instrument relationship is created, it is separated from the basic relationship of the negotiable instrument. The establishment and validity of the latter will not affect the negotiable instrument relationship, that is, the negotiable instrument has no cause. However, under special circumstances, there is an exception of no-cause relationship between the negotiable instrument relationship and the negotiable instrument cause relationship. At this time, the validity of the negotiable instrument relationship will be affected by the cause relationship. The special circumstances mainly include:
1. Between the parties directly accepting the negotiable instrument, the debtor of the negotiable instrument can still claim defense based on the relationship of reasons. For example: A buys goods from B, A issues a promissory note for payment, and B does not deliver the goods after accepting the promissory note, but holds the promissory note and demands payment from A. A can use B's non-performance of the debt as a defense and exercise the right of defense against B. Another example is that A still buys goods from B, and A transfers a cheque endorsed by another person to B. If B accepts the cheque and fails to deliver it, and then pursues it against A with the cheque due to the lack of payment, A may exercise the right of defense against B on the grounds of B's failure to perform the delivery obligation. But B can recourse to A's predecessor, which is the bill defense cut-off system.
2. For the holder who obtained the negotiable instrument illegally, the debtor of the negotiable instrument may exercise a defense because the reason for obtaining the negotiable instrument is defective. China's "Negotiable Instruments Law" stipulates: "A person who obtains a negotiable instrument by means of fraud, theft or coercion, or who obtains a negotiable instrument out of malice knowing the preceding circumstances, shall not enjoy the rights to a negotiable instrument. 3. When a
bearer obtains a bill and fails to pay the consideration, he cannot enjoy the right to the bill that is superior to that of his predecessor. Article 11 of the "Negotiable Instruments Law" stipulates: "Where a negotiable instrument can be obtained free of charge in accordance with the law due to taxation, inheritance, or gift, it is not subject to the restriction of the consideration paid. However, the rights to the negotiable instrument shall not be superior to the rights of its predecessor."
4. If If the bill is granted and accepted due to payment, the debt in the causal relationship will not be eliminated by the issuance and acceptance of the bill. At this time, he co-exists with the bill debt; if the right to the bill is realized, the debt in the causal relationship will also be eliminated.
5. If a note is granted and accepted due to a secured debt, the bond relationship exists when the secured creditor's rights are not paid off; if the bond is paid off and the note can be recovered, the bond bond relationship will cease to exist.
(2) Reservation relationship
of bills Reservation relationship of bills refers to the agreement relationship in which the parties reach an agreement on the issuance or transfer of bills before granting and accepting bills, and this appointment is the basis for granting and accepting bills. Buyers and sellers generally agree in advance on the method of payment, the type of bills and how to implement bills. However, reservations do not directly have a ticket relationship. Whether the bill reservation is established or not, and whether the bill behavior is consistent with the appointment has no effect on the bill relationship. This is because the reason for the relationship between the rights and obligations of negotiable instruments is the act of negotiable instruments, and the reservation of negotiable instruments is an appointment contract in the civil law, which is stipulated by the contract system in the civil law, and the negotiable instrument law does not regulate it.
(1) Reason relationship
of negotiable instruments The cause relationship of negotiable instruments refers to the relationship of rights and obligations formed according to the reasons for granting and accepting negotiable instruments between the parties to the negotiable instruments. It is the relationship of rights and obligations in civil law, which itself does not have the content of rights and obligations of bills, and is also called the relationship of causes. The reasons for bills mainly include payment of price, loans, gifts and entrusted withdrawals. There are two types of note reason relationship: with consideration and without consideration. Generally speaking, the causal relationship of negotiable instruments has consideration, and the causal relationship of negotiable instruments recognized by my country's negotiable instruments law is limited to taxation, inheritance and gift.
The effect of the relationship of the cause of the note on the relationship of the note. Once the negotiable instrument relationship is created, it is separated from the basic relationship of the negotiable instrument. The establishment and validity of the latter will not affect the negotiable instrument relationship, that is, the negotiable instrument has no cause. However, under special circumstances, there is an exception of no-cause relationship between the negotiable instrument relationship and the negotiable instrument cause relationship. At this time, the validity of the negotiable instrument relationship will be affected by the cause relationship. The special circumstances mainly include:
1. Between the parties directly accepting the negotiable instrument, the debtor of the negotiable instrument can still claim defense based on the relationship of reasons. For example: A buys goods from B, A issues a promissory note for payment, and B does not deliver the goods after accepting the promissory note, but holds the promissory note and demands payment from A. A can use B's non-performance of the debt as a defense and exercise the right of defense against B. Another example is that A still buys goods from B, and A transfers a cheque endorsed by another person to B. If B accepts the cheque and fails to deliver it, and then pursues it against A with the cheque due to the lack of payment, A may exercise the right of defense against B on the grounds of B's failure to perform the delivery obligation. But B can recourse to A's predecessor, which is the bill defense cut-off system.
2. For the holder who obtained the negotiable instrument illegally, the debtor of the negotiable instrument may exercise a defense because the reason for obtaining the negotiable instrument is defective. China's "Negotiable Instruments Law" stipulates: "A person who obtains a negotiable instrument by means of fraud, theft or coercion, or who obtains a negotiable instrument out of malice knowing the preceding circumstances, shall not enjoy the rights to a negotiable instrument. 3. When a
bearer obtains a bill and fails to pay the consideration, he cannot enjoy the right to the bill that is superior to that of his predecessor. Article 11 of the "Negotiable Instruments Law" stipulates: "Where a negotiable instrument can be obtained free of charge in accordance with the law due to taxation, inheritance, or gift, it is not subject to the restriction of the consideration paid. However, the rights to the negotiable instrument shall not be superior to the rights of its predecessor."
4. If If the bill is granted and accepted due to payment, the debt in the causal relationship will not be eliminated by the issuance and acceptance of the bill. At this time, he co-exists with the bill debt; if the right to the bill is realized, the debt in the causal relationship will also be eliminated.
5. If a note is granted and accepted due to a secured debt, the bond relationship exists when the secured creditor's rights are not paid off; if the bond is paid off and the note can be recovered, the bond bond relationship will cease to exist.
(2) Reservation relationship
of bills Reservation relationship of bills refers to the agreement relationship in which the parties reach an agreement on the issuance or transfer of bills before granting and accepting bills, and this appointment is the basis for granting and accepting bills. Buyers and sellers generally agree in advance on the method of payment, the type of bills and how to implement bills. However, reservations do not directly have a ticket relationship. Whether the bill reservation is established or not, and whether the bill behavior is consistent with the appointment has no effect on the bill relationship. This is because the reason for the relationship between the rights and obligations of negotiable instruments is the act of negotiable instruments, and the reservation of negotiable instruments is an appointment contract in the civil law, which is stipulated by the contract system in the civil law, and the negotiable instrument law does not regulate it.