chapter 2.1 draft的.ppt

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 被背书人 endorsee 6) 持票人holder 7）付对价持票人holder for value 8）正当持票人/善意持票人 holder in due course, bona fide holder 9) 参加承兑人acceptor for honor 10) 保证人guarantor Means of payment 支付工具 Transferable instrument 流通工具 forms of circulation 过户转让（assignment）非流通 特点：书面形式 转让通知原债务人或登记过户 受让人权利受前手缺陷的影响 当事人：转让人、受让人、原始债务人 交付转让(transfer) 准流通的或半流通的 特点：交付背书转让 不通知原债务人 受让人的权利受前手权利缺陷的影响 当事人：转让人，受让人 流通转让(negotiation) :可流通的 特点：正当受让人权利优于前手，不受其缺陷的影响 credit instrument 信用工具（资金融通作用） A draft for is drawn by ( ) on payable at to ( )dated marked ( ) A draft for amount is drawn by drawer on drawee payable at tenor to payee dated issuing date marked “drawn clauses” Parties to a negotiable instrument 1.drawer 出票人 2.drawee 受票人(付款人) 3.payee(收款人) 4.acceptor(承兑人) 5.endorser(背书人) 6.endorsee(被背书人) 7.guarantor(保证人) 8.holder(持票人) 9.holder for value(付对价持票人) 10. Holder in due course(正当持票人) three basic parties: (1)Drawer The person who draws a bill of exchange upon/on the drawee for the payment of a certain amount of money. (2)Drawee/Payer The person upon whom a bill of exchange is drawn. (3)Payee he person to whose order the drawee is to make payment or to whom the money is to be paid. (4) Acceptor The drawee in usance draft agrees to make payment by signing his name on its face. drawee didnt sign the draft before acceptance, so he is not a liable party, but after making acceptance, the drawee becomes acceptor and his name is on the face of draft, so it takes liability for payment. Acceptor for honour 参加承兑人 The draft was dishonored when it was present for acceptance, the third party signs his own name on the face of draft and makes acceptance. The acceptor for honour is liable to the holder and to all parties to the bill subsequent to the party for whose honour he has accepted. (5)E