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票据法赋予票据关系以无因性,是市场经济发展到一定阶段的必然结果,也是票据信用功效发挥的前提。但是,票据关系无因性一旦被用作割断与票据基础关系联系的手段,或遮盖无实质性权利存在的地位及达到其他非法目的时,将导致法律关系当事人之间的利益失衡和社会利益受损。而票据关系有因性又会破坏票据的交易安全,严重影响票据信用,而且使票据效力及其基础异化。有鉴于此,为保障票据关系当事人之间的利益平衡和法律正义价值的实现,并且达致票据流通性与安全性之间的和谐,应从一开始就在绝对维护票据关系无因性的制度中,注入票据关系无因性否认之要素。
The non-consensual nature of the negotiable instrument bill gives the inevitable result of the development of the market economy to a certain stage and also serves as a precondition for the effectiveness of the instrument credit. However, once the non-causality of negotiable instrument is used as a means of severing the connection with the base of the negotiable instrument or covering the existence of non-substantive right and other unlawful purposes, it will lead to imbalance of interests and social interests of the parties involved in the legal relations. damage. The relationship between the notes causes causation will also undermine the transaction security of the notes, seriously affecting the credit of the notes, but also the validity of the notes and the basis of alienation. In view of this, in order to ensure the balance of interests among the parties involved in the negotiable instruments and the realization of the value of legal justice, and to achieve the harmony between the negotiability and security of negotiable instruments, from the very beginning, in the system of absolutely maintaining the non-consensual relationship of negotiable instruments , Injected into the element of denial of the relationship between the notes element.