论文部分内容阅读
本文认为,票据质押作为信用担保方式受担保法和票据法双重规范,担保法规范票据质押的原因关系,即质押合同,而票据法则将票据质押作为符合要式性、无因性、文义性、独立性、连带性的票据行为加以规范。票据质押合同不宜以票据交付作为生效要件,票据反押合同的成立生效也不一定必然导致票据质押的设定。票据质押在票据法上有其自身内在的特殊规律性,债权人取得完整的票据权利,在条件成就时,可以行使付款权和追索权,也应允许其再行背书转让。
This paper argues that the pledging of bills as a way of credit guarantee by the dual norms of guarantee law and negotiable instruments, pledges of guarantee law norms instruments pledge of the relationship between the pledge contract, and the instrument pledges bills pledged as conformity with requirements, non-cause, , Independence, joint bill behavior to be regulated. Notes pledged contracts should not be valid as the delivery of bills, the establishment of counter-insured bills to take effect does not necessarily lead to the setting of bills pledged. The pledge of bills has its own inherent regularity in the law of negotiable instruments. The creditors obtain the complete rights of negotiable instruments. When the conditions are fulfilled, the pledges may exercise the right of payment and recourse, and they should also be permitted to transfer them by endorsement.