Traditional Culture Encyclopedia - Traditional festivals - Can bills be transferred?

Can bills be transferred?

Legal subjectivity:

Non-negotiable instruments can be pledged. Pledge means that the debtor or a third party transfers his movable property or rights to the creditor for possession as a guarantee for the creditor's rights. If the pledgor has the right to dispose of it, it may pledge the bill as a guarantee for the debt.

Legal objectivity:

General creditor's rights have only one claim, and bill rights include two claims, namely, payment claim and recourse. Bills are valuable in circulation. Bills themselves embody various economic functions such as exchange, payment, credit, settlement and financing, and the full play of these functions depends on the circulation of bills. The negotiable instrument law has designed a set of rights generation and transfer system that is more convenient and faster than the creditor's rights in civil law. First, the generation of bill rights is based on the preparation of bills. As long as the drawer issues the bill according to the formal requirements of the bill law, in principle, the bill right arises. Therefore, the theory of bill law calls the act of issuing bills "basic bill behavior". The generation of creditor's rights in civil law is based on contract, tort, unjust enrichment, negotiorum gestio or contracting fault. From the way of production, the creditor's rights in civil law are more complicated and pay attention to the entity relationship; Bill rights are relatively simple, focusing on formal elements. Two, the transfer of bill rights to the delivery of bills as an important content. According to the General Bill Law, the transfer of bill rights includes endorsement and simple delivery. The former means that the transferor should record the relevant matters on the bill and sign it, and then deliver the bill to the transferee; The latter means that the transferor directly delivers the bill to the transferee without recording it on the bill. The transfer of creditor's rights in civil law usually requires the signing of contracts between the parties. Comparatively speaking, the transfer of bill rights is more convenient. The transfer effect of bill rights mainly includes: (1) The obligee does not need to inform the debtor of the transfer fact. (2) The new obligee will not bear the defects of the original obligee in the bill rights. Article 13 of China's negotiable instrument law stipulates that the debtor of a negotiable instrument may not use the defense between himself and the drawer or the prior hand of the holder against the holder. Unless the holder knows that there is a defense between them when he obtains the bill. (3) Even if the act of issuing a bill is invalid due to the incapability of the drawer or forgery by others, other bill actors still need to bear the bill obligations to the holder.