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Review Of The Validity Of Pfer Cheque

2010/11/20 14:02:00 26

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Since checks have the same nature as negotiable instruments and other negotiable instruments, it is essential to confirm the validity of checks before confirming whether there are legal relationships between negotiable instruments.

1. does the party have a subject?

Qualifications

。

As for the invoices and the payee, it is whether they have the ability of bill, that is, the right of bill and the capacity of bill.

The "bank settlement method" stipulates that "units, individual economic households and individuals...

Checks can be used in settlement. "

It can be seen that at present, there is no special provision for the right and ability of cheques in China, and it can be confirmed in accordance with the general provisions of the civil law.

The payer, whether in foreign countries or in China, has to stipulate that a bank (or credit union) must be approved by the state to operate a cheque deposit business, otherwise the check will not be valid.

If the payer can act as a litigant, the author believes that since the payer's payment is based on a certain agreement between the payer and the invoke, this relationship is a legal relationship in the civil law. Whether the payer agrees to pay or refuse to pay is not the content of the trial of the bill dispute case, so the drawee should not become the party in the blank cheque dispute litigation.

2. is there a prescribed format?

The law of negotiable instruments generally stipulates the format of various bills and the use of uniform paper, otherwise the bill will not be valid.

The eighth provision of China's "bank settlement method" stipulates that "units and individuals must use the unified bill and settlement certificate issued by the bank when handling settlement."

If you do not use the cheque paper printed by the bank, the cheque will be invalid.

3. is the cheque recorded properly?

completely

。

If a record of prohibited items is not recorded or recorded, the bill is invalid.

Altered checks are also invalid.

4. is the seal real and effective?

Each country's bill law stipulates that

Check

It must be effective by the signatory of the invoke.

Because our country is used to the seal, especially the check issued by an enterprise or a group, we must use the official seal of the legal person or the financial seal and the seal of the legal representative.

If the seal on the cheque is forged, the cheque is invalid.

The invoke shall bear the burden of proof if he claims that the seal is used by others for breach of his or her intention.

It is common that the invoice holder loses the check after issuing the blank pfer check.

The replacement of the bank's reserved seal for the loss of the cheque should be regarded as the original seal.

The drawer shall still bear the obligation of the cheque holder (payee) who has issued the cheque.