What Is The Precise Definition Of Bill Behavior?

The act of negotiable instruments in broad sense refers to the legal act which takes the purpose of altering or destroying the rights and obligations of negotiable instruments, including issuing tickets, endorsement, alteration, prohibition of endorsement, payment, guarantee, acceptance, acceptance, marking, guarantee, etc. In narrow sense, the behavior of negotiable instruments is the burden of the parties to the bill. Bill debt The legal act for the purpose includes six kinds: the issuing, endorsement, acceptance, acceptance, guarantee and guarantee.

(1) issue of tickets. The issuing of a ticket means that the drawer makes the bill in accordance with the legal style and delivers it to the payee. It includes two acts of "making" and "delivering". The so-called "accomplishment" means that the drawer makes the bill according to the legal style, and records the legal contents and signs on the bill. Since all kinds of bills are printed by a certain organ, the so-called "making" is just filling in the relevant contents and signing. The term "delivery" refers to the act of transferring it to the payee on the basis of the intention of the drawer himself, not the act of the drawer himself, such as theft, which cannot be called "delivery" and therefore cannot be called the act of drawee.

(2) endorsement. Recite It refers to the transferor's right to transfer the bill with others. The characteristic of negotiable instruments lies in its circulation. The main method of negotiable instrument transfer is endorsement, and there is, of course, simple delivery. Endorsement is the act of the bearer's bill. Only the holder can endorse the bill. Endorsement is the act of transferring the right of a negotiable instrument. Once the bill is endorsed, the right of the negotiable instrument will also be transferred to the endorser.

(3) acceptance. Acceptance means that the drawee of a bill of exchange promises to pay the debt of the bill. Acceptance is exclusive to a bill of exchange. There is a commission relationship between the drawee and the drawee of a bill of exchange. The issuing of a bill of exchange by the drawer does not mean that the payer will pay the bill. The holder determines that the bill will be paid when it expires, and the acceptance will be made to the drawee before the maturity of the bill. If the drawee signs his acceptance, he will be liable for the payment of the bill at maturity, otherwise the holder will have the right to sue.

(4) participation Acceptance 。 Acceptance of a bill means the preparatory payer of a negotiable instrument or the act of a third party who takes the place of the acceptor for the benefit of the debtor of a particular instrument to prevent the holder from exercising the recourse before the date of maturity of the bill. It usually occurs when the bill is not accepted, the drawee or the acceptor dies, escapes or other reasons can not be accepted, the drawee or the acceptor is declared bankrupt.

(5) guarantee. Guarantee refers to the behavior of a person other than the debtor of a negotiable instrument who acts as a subsidiary instrument in order to fulfill the obligations of the secured bonds and to pay the debts of the same contents. The purpose of the guarantee is to guarantee the performance of other bills, which is applicable to bills of exchange and promissory notes, and does not apply to checks.

(6) guaranteed. Guarantee refers to a subsidiary act of a cheque which the payer undertakes to undertake the absolute payment obligation to the bearer. Guarantee is a kind of bill behavior of the cheque payer. Once the cheque is paid by the drawee, the payer will be liable for absolute payment if he signs "pay" or "guaranteed" on the cheque, and whether the drawer has any funds in the drawee or whether the holder has a notice during the legal presentation, or that the invoke withdraw the payment order, the payment must be made according to the stipulations.

In the specific operation, the behavior of the bill is expressed by the parties concerned. The parties concerned have recorded the meaning of the act in a legal manner on the bill and delivered the bill after the signature of the actor. It includes three aspects: record, signature and delivery.

The so-called record, popularly speaking, is that the notes parties specify the contents to be recorded on the bill. For example, when signing the invoice, the type, amount, unconditional payment order, date of issuing the bill, and other contents that need to be clearly stated shall be stated. When the acceptance bill is accepted, the word "acceptance" should be written, and the word "guarantee" or "guarantee" should be written when it is guaranteed.

The so-called seal refers to the signature, seal or signature and seal, which indicates that the actor is responsible for his behavior. The signature of a natural person means to write its name or affix its personal seal on a negotiable instrument. The signature of a legal person or other unit using the bill is the signature of the legal person or the seal of the unit plus its legal representative or authorized agent. In accordance with the law of negotiable instruments, the signature on a negotiable instrument should be the original name of the party, instead of a pseudonym or art name.

The so-called delivery means that the bill maker should deliver the bill to the holder. When a bill maker records and signs the bill, the bill can not be legally effective. Only when the bill is delivered to the other party, can the bill have legal effect.