国际结算 CH2 Instruments摘要.pptVIP

Chapter two Instruments of international settlement;2.1.1 What is a negotiable instrument? 2.1.2 Chief features of negotiable instruments 2.1.3 Parties to a negotiable instrument;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. ;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;Functions of negotiable instruments;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 ;10) 正当持票人/善意的持票人holder in due course/bona fide holder： The instrument should be complete and regular on its face; The instrument is before maturity and the holder did not notice its previous dishonor, if any; The holder took it in good faith and for value; The holder did not notice any infirmity in the instrument or defect in the title of the person negotiating it 11) 付对价持票人holder for value : a person who possesses an instrument for which value has been given by himself or by some other person prior to him in forms of money, goods,or services.;Holder for value;Acceptor for honour;drawer;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 A