Studies on Negotiable Instruments Consideration
|Course||Civil and Commercial Law|
|Keywords||Negotiable Instruments Consideration No-cause Character of Instruments Defenses of Negotiable Instruments|
Consideration is a concept of Anglo-American law, which is the basis of Anglo-American contract law. Negotiable instruments consideration originated from contract consideration is also an important concept in Negotiable Instrument Law. However, the Negotiable instrument consideration is seldom provided in the Negotiable Instrument Laws of the countries in the Genevese Uniform Negotiable Instrument Law System. The Negotiable Instrument Law in our country has adopted the thread of the Genevese Uniform Negotiable Instrument Law System., but our Negotiable Instrument Law cites this peculiar concept. The application of the negotiable instrument consideration in our country must bring lots of problems because of the different ideas and tradition in different geneology of law.This paper uses the comparative method to analyze the consideration in Anglo-American Negotiable Instrument Laws and the Negotiable Instrument Law in Taiwan Province, and then shows its denotation and indication. After that, it proposes some advice on how to amend our current Negotiable Instrument Law and Regulations in accordance with our special law tradition and literature.Besides Preface and Conclusion , this dissertation is divided into 3 chapters as follows:Chapter 1 first reviews the fundamental state of negotiable instrument consideration in our country, and then mainly analyzes the meaning of negotiable instrument consideration in our Negotiable Instrument Law. After that, it indicates the issues in our current Negotiable Instrument Law and Regulations.Chapter 2 analyzes the meanings and importance of consideration in Anglo-American Negotiable Instrument Laws on the basis of reviewing the rules in U.C.C and Bills of Exchange Act 1882 in Britain. In addition, it expounds the Negotiable Instruments Consideration in Taiwan Province.Chapter 3 focuses on the relationship between the negotiable instruments consideration and other systems in Negotiable Instruments Law and its betterment. In order to understand the negotiable instruments consideration overall, it systemically discusses the relationship between the negotiable instruments consideration and other systems, including no-cause character of instruments, instruments right and restriction on defenses of negotiable instruments. Based on the analysis of the above, it provides several suggestions for perfection of this legal system in our Negotiable Instruments Law.