Applicable Scope Of Foreign Related Negotiable Instruments

The specific provisions of the law applicable to foreign negotiable instruments include ninety-seventh to 102nd articles in China's bill law, which stipulate the law applicable to the issue of civil capacity of foreign related bills, recorded items, subsidiary acts, right of recourse and relevant conditions, and procedures for the preservation of the rights of negotiable instruments after the loss of negotiable instruments.

(1) the meaning of foreign related negotiable instruments refers to the notes which are issued, endorsed, accepted, guaranteed, and paid for.

From this definition, we can see that foreign negotiable instruments are not defined as holders of foreigners, but are determined by the fact that negotiable instruments have occurred in and out of China.

Owing to the development of international trade, the exchange of bills between different countries has become a common phenomenon. Different countries have different system of negotiable instruments, so the conflict of laws between international negotiable instruments is unavoidable. The solution to the conflict is to determine the applicable law for the acts of negotiable instruments, that is, the applicable law of foreign related negotiable instruments. China's foreign economic dealings inevitably involve foreign related bills and its applicable laws. That is to say, when the law of the Chinese law is inconsistent with the laws of other countries when the drawer's conduct, the way and effect of the bill and the exercise of the right of recourse are inconsistent, the law should be adopted. In other words, how to determine the applicable law when the bill law conflicts. The fifth chapter of the bill law provides for this.

(two) Concerning foreign affairs or foreign nationals The principle of law applicable to negotiable instruments is stipulated in the ninety-sixth law of negotiable instruments.

(1) the principle of priority application of international treaties concluded or acceded to in China. All countries that have concluded or acceded to international treaties adopt the principle of "priority application of international treaties" and stipulate that the international treaties shall be applied first unless the provisions of international treaties are entered into or acceded to. China is no exception. The ninety-sixth article and first paragraph of the bill law stipulates that the international treaties concluded or acceded to by People's Republic of China are different from the provisions of this Law and shall be governed by the provisions of international treaties. However, the terms of the People's Republic of China reservation are excepted.

So far, our country has not yet participated in the special international treaties on bills. Of course, the possibility of future participation is not ruled out.

(2) Retain In addition to the provisions of the articles, the provisions of the international treaties concluded or acceded to by China are not applicable to the principle of "international treaties first", while the national law prevail.

(3) supplementary application principle of international practice. The second article of article ninety-sixth of the bill law stipulates that the international practice can be applied if there is no provision in this Law and international treaties concluded or acceded to by People's Republic of China.

(three) the specific provisions of the law applicable to foreign negotiable instruments. Ninety-seventh to 102nd articles of the bill law of China stipulate the law applicable to the issue of civil capacity of foreign-related negotiable instruments, the recorded items, the act of subsidiary bills, the time limit for exercising the right of recourse and relevant conditions, and the procedures for the preservation of the rights of negotiable instruments after the loss of negotiable instruments.

(1) with regard to the civil capacity of a negotiable debtor, the civil act capacity of the debtor of a negotiable instrument shall be governed by its own laws. However, the civil capacity of a negotiable debtor shall apply to the law of the place of action (article ninety-seventh of the negotiable instrument act) in accordance with the law of the people's Republic of China, which has no civil capacity or limited capacity for civil conduct and acts in accordance with the law of conduct.

There are three international legislation on how to identify the civil capacity of a negotiable debtor in international negotiable instruments: (1) according to the domestic law of debtors, namely, "domestic law". Some countries in the European continent have adopted this legislation. (2) in accordance with the act of law, that is, "acts of law". Britain and the United States have such regulations. (3) generally applicable to the law of this country, but the national law recognizes its lack of civil capacity and the act of law considers it to be a full civil capacity. This is "eclecticism legislation".

(2) about bill The way in which the act of a negotiable instrument acts is applied to law involves the issues of the law of the state, such as the particulars of the invoice, the endorsement, the acceptance, the guarantee, the payment, etc.

The general practice of the unified legal system is basically to apply the act of land law, but there are few exceptions. The same is true in Anglo American law.

There are ninety-eighth articles in the law of negotiable instruments in China, and ninety-ninth stipulates the applicable law of the behavior of negotiable instruments. According to its regulations, the bill of drawers and promissory notes shall apply to the law of the place of issue, and the law of the place of issue shall be applied to the matters relating to the issue of a cheque, but the law of the place of payment shall be applied by the parties concerned in accordance with the agreement. The act of endorsement, acceptance, payment, guarantee and other acts of foreign-related negotiable instruments shall be applicable to the law of the place of action.

(3) the exercise of the right of recourse and the preservation and recourse of the right of recourse are inseparable. The lack of procedures for the preservation of the rights of the bill is the reason for the loss of the right of recourse, and the procedures for the preservation of the rights of the negotiable instruments should be made at the place where the drawee is located, so that the law of the place of payment must be involved.

The 101st provision of China's negotiable instrument law stipulates that the time limit for presentation of a bill, the way to refuse to prove it, and the time limit for issuing a refusal certificate shall be applicable to the law of the place of payment.

The exercise period of recourse, that is, the limitation of recourse, is related to the endorser and guarantor. There are many debtors, such as drawer and other debtors, who may belong to one country, apply the law of the place of payment and other places, and exercise the right of recourse. The 100th article of the bill law stipulates that the time limit for exercising the right of recourse is applicable to the law of the place of issue.

(4) when a bill is lost after the loss of a ticket, the procedure for the loss of the right of a negotiable instrument to apply for the preservation of a negotiable instrument is applicable to the law of the place of payment.