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论票据的对价

  9 郑玉波:《票据法》,三民书局印行,再订七版,第50页。
  10 江平、王家福总主编:《民商法学大辞书》,南京大学出版社1998年版,第522页。
  11 参见江平、王家福前引书,第522页。
  12 Maurice Megrah与F.R.Ryder教授对正当持票人(Holder in due course)进行了详细论述:(1)A holder in due course is a holder who has taken a bill, complete and regular on the face of it ,under the following conditions; namely, (a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact; (b) That he took the bill in good faith and for value, and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it. (2) In particular the title of a person who negotiates a bill is defective within the meaning of this Act (Bill of Exchange Act 1882) when he obtained the bill or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud. (3) A holder (whether for value or not) who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the bill prior to that holder. See Maurice Megrah, F.R.Ryder: Byles on Bill of Exchange, London: Sweet&Maxwell, 1972, p.418-419.
  13 赵威、赵一民:《票据抗辩研究》,载梁彗星主编:《民商法论丛》(第10卷),法律出版社1998年版,第201页
  14 梁宇贤:《票据法实例解说》,兴大法学业书(二),第173页。
  15 郑玉波前引书,第7页。
  16 参见李幼明、宋志国:《对我国票据立法中无因性限制的探讨》,载《中央政法管理干部学院学报》2000年第1期。


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