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【裁判要旨】票据系文义证券,产生票据权利的票据行为应当以书面方式作出。票据法律关系当事人只能依据票据记载文义享有票据权利、承担票据义务。失票人未加入背书,也不持有涉案汇票,不能享有票据权利。正当持票人的权利优于失票人的权利,失票人丧失票据后,一旦被第三人善意取得,其即丧失了票据上的权利。善意第三人通过前手合法取得票据,在票据被背书人栏内记载自己名称与背书人记载具有同等法律效力。
The main purpose of the referee Notes Department of Wenyi Securities, notes the right to produce bills should be made in writing. The parties to the legal relationship of the bills can only enjoy the rights of the bills and bear the obligations of the bills according to the written records. Lost people did not join the endorsement, do not hold the bill involved, can not enjoy the right to negotiate. Just as the bearer’s right is superior to the loss of the person’s right, the lost person lost the bill, once obtained by the third person bona fide, which immediately lost the rights on the bill. The bona fide third party obtains the bill legally through his / her forefather and records his name in the endorsement column with the same legal effect as the endorsee’s record.