国际结算 CH2 Instruments.ppt

Chapter two Instruments of international settlement 2.1 An Overview of Negotiable Instruments 2.2 Bill of Exchange/Draft 2.3 Promissory Note 2.4 Check 2.1.1 What is a negotiable instrument? 2.1.2 Chief features of negotiable instruments 2.1.3 Parties to a negotiable instrument 2.1.1 Definition of negotiable instruments a negotiable instrument is a an unconditional promise or order to pay an amount of money that is easily transferable from one person to another. 2.1.2 Features of negotiable instruments Negotiability 1) negotiation can be effected only by delivery or endorsement and delivery. 2) negotiation gives the transferee a right of action in his own name against the original promisor or acceptor Requisite in form 3) the transferee in good faith and for value can acquire a better title than that held by all his prior parties. Non-causative Requisite in form 2.1.3 Parties to a negotiable instrument 1) 出票人drawer 2) 付款人payer/drawee 3) 收款人payee 4) 承兑人acceptor 5) 背书人endorser 6) 被背书人 endorsee 7) 参加承兑人acceptor for honor 8) 保证人guarantor 9) 持票人holder Negotiable instrument laws British law UK Bills of Exchange Act of 1882 US Uniform Commercial Code of 1952 French and German law Uniform law for Bills of Exchange and Promissory Notes of Geneva of 1930 Uniform law for International Checks of 1931 Negotiable Instrument Law of People’s Republic of China 2.2.1 Definition of a bill of exchange 2.2.2 Contents of a bill of exchange 2.2.3 Parties to a bill of exchange 2.2.4 Classification of bills of exchange 2.2.5 Acts relating to a bill of exchange 2.2.6 The Roles and Advantages of a Bill of Exchange section 3, bill of exchange act, 1882,UK A Bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or the order of a specified person or t