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作为一种非票据权利,利益偿还请求权与票据权利存在本质的差别,不过因为该权利与票据有密切联系,因此各国票据立法中有部分国家如德国等仍将其规定在票据法内。我国虽未明确规定利益偿还请求权,但是《票据法》的第18条一直被视为该权利存在的依据。基于该权利与票据的密切联系,以及在该权利制度中存在的一些漏洞和争议,本文将对利益偿还请求权的相关问题做出说明,并针对其中的争议做一些阐述和探讨。
As a non-negotiable right, there is an essential difference between the claim of repayment of interest and the right of negotiable instrument. However, because of the close relationship between the right and the negotiable instrument, some countries in negotiable instrument bill such as Germany still stipulate it in the negotiable instrument law. Although China does not explicitly stipulate the right of repayment of claims, Article 18 of the “Notes Act” has always been regarded as the basis for the existence of such rights. Based on the close relationship between the rights and the notes, and some loopholes and controversies existing in the rights system, this article will explain the issues related to the rights to repay the claims and make some elaboration and discussion on the disputes.