国际结算(International ttlement)
Chapter1
International ttlement is defined as financial activities conducted among different countries in which payments are effected or funds are transferred from one country to another ,in order to ttle accounts ,debts,claims and etc.
In a word ,international ttlement refers to financial activities of ttling claims and debts among countries.
Chapter2
Negotiable instrument is the instrument the right on which can be transferred from one party to another.
东晋时期 in broad n,negotiable instrument refers to any commercial document of title.it is an evidence of someone’s ownership of money or goods that is actually under his control.in narrow n,negotiation instrument refers to the curities with the purpo of paying.
This chapter mainly deals with the narrow n of negotiable instrument which includes bill of change ,promissory note and cheque
2.1.3 characteristics of negotiable instruments
right tting(设权性):all right of the instrument are followed by the negotiable instruments ,the right of prenting for payment,the right of endorment ,the right of recour.
non-causative nature(无因性):when the creditor exercis his right,he needn’好想你朱主爱t indicate the payer the reason
malaysian
negotiability(流通转让性):the title instruments can be pasd from person to person by merely delivery or by endorment and delivery,后手权利不受前手权利缺陷干预,可获得全部权利
words restriction(文义性):all the rights of the instruments are determined according to the written words of the instruments
requisite in form (要式性):requisite in form means a negotiable instrument must be in the inform of a document containing certain required items
女龙男兔婚姻相配吗 prentment(提示性):支付承诺-付款,支付命令:两步,承兑然后付款
returnability(返还性):债权人收到款项,汇票退出流通
being of value(有价性):the instrument is a curity the write a certain amount of money.
recour(可追索性):当主债务人拒付时候,债权人有权上上家追讨
2.2bill of exchange
黑洞真实照片It is “an unconditional order in writing ,addresd by one person to another,signed by the person giving it,requiring the person to whom it is addresd to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person or to the bearer”
颈部淋巴结肿大疼痛 .Esntial terms: the “bill of exchange”wording; unconditional order to pay; exact amount; date and place issue; name and place the addre ; name of payee;restricted,order(限制性开头),demonstrative order(指示性开头),bearer order(来人票据)
name and signature of the drawer(the basic parties);
tenor(期限):at ...days after sight(见票多少天),at...days after date(出票后多少天);at... days after B/L date /shipment date(发货多少天)
.legal acts to bill of exchange
draw /issue:draw and sign ,and then deliver it
endorment:is the signing on the back of a draft ,transferring the ownership and delivering to dor(背书人),endore(被背书人)
Three main different kinds of endorment:A.special endorment:both the endor and
endore’ name.B.blank endorment:only includes the endor’s name ,without the name of the endore;C restrictive endorment:includes restrictive wording,for example,only,
prenting(提示) payment ; acceptance--payment.
acceptance(承兑):general acceptance, qualified acceptance:conditional
acceptance,partial acceptance,local acceptance,qualified acceptance as to time. payment(支付) :four conditions must be satisfied.first,payment is made by the payer or acceptor instead of drawer or endorr;cond,payment is made on or after the maturity date of the draft;third,payment is made to the holder,and the endorment must be concutive and authentic.fourth,payment is made in good faith.
dishonor(预付):acceptance/payment is refud;acceptance/payment can not be attained,e.g,where the drawee can be found or where he deliberately avoids the prentment;the drawee is dead or bankrupt,or a fictitious person not having capacity is involved in the bill.
Notice of dishonor(退票通知),protest(拒绝证书)
倒平板的目的right of recour
The holder has the right to claim the amount of the instrument when dishonor happens
没有回头追索权,往前手追索
guarantee/aval:the third party of instrument will assure that the debtor will fulfil his obligation such as drawer,endorr and payer.
A(drawer)—B(payee/endorr)—C(endor/endore)—D(endore/holder/creditor)=condary debtor
X(payer/acceptance)primary debtor
2.3promissory note
Definition:a promissory note is an unconditional promi in writing made by one person to another signed by the maker ,engaging to pay,on demand or at a fixed or determinable future time,a sum certain in money,to ,or to the order of, specifiedperson or to bearer
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