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票据关系与原因关系的关联是票据法律理论中一个重要的基本论点,存在着无因构成和有因构成两种相互对立的观点。传统视域下的票据行为无因性理论在构造上和适用上存在着较大的模糊性与混乱性。票据行为二阶段说将票据行为区分为债务负担行为和权利移转行为,进而将前者定位于无因行为,后者界定为有因行为,不失为理顺票据行为无因性理论的有益路径。
The relationship between the notes and the causes is an important basic argument in the legal theory of the notes. There are two kinds of contradictory views between no-cause and cause. There is a great ambiguity and confusion in the construction and application of the theory of non-causality of the bill’s behavior under the traditional view. The second phase of the bill acts that the bill behavior is divided into debt-burden behavior and rights transfer behavior, and then the former is located in the cause-free behavior, the latter is defined as the cause of action, after all, to rationalize the theory of non-negotiable bills beneficial path.