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票据在民法上的性质应为一种债权,而非动产(物)。债权和物权本来的界限很分明,但债权制度在适应商事行为的发展和现代化过程中,楚河汉界已经模糊,部分债权呈现出物化的倾向,票据就是一种债权的物化。本文拟从票据的发展史、票据制度的功能、价值等几方面论述票据的本质系一种物化的债权。
The nature of the bill in civil law should be a kind of debt, rather than real property. The original boundary of creditor’s rights and real rights is very clear. However, in adapting to the development and modernization of commercial activities, the creditor’s rights system has been obscured by the Chu-ha-ha-ha-chu sector. Some creditor’s rights tend to be materialized and the notes are the materialization of claims. This article intends to discuss the nature of bills as a kind of materialized claims from several aspects, such as the history of the development of bills, the function and value of bills.