论票据权利的善意取得

A Study on Kind Claim of Note Right

善意取得制度因维护动产交易的安全而创设,因移植于票据流通成为票据权利善意取得制度而发展。其发展之处,一是英美法对价理论的引人,以收最大公平之效;二是扩大善意取得的适用范围,即善意受让制度不仅适用于原持票人授权他人以原持票人的名义或为原持票人的利益而占有票据的场合,对于占有人以盗窃、欺诈、胁迫等方法取得票据占有的场合,同样也有善意取得制度适用的余地。我国的票据权利善意取得制度与西方理论观点在本质上并无不同。

Kind claim system is created for the security of protecting transactions of movable properties. And it developed while it had been transplanted into note circulation and become kind claim system. The details of its development are like this： first, it has been used in Britain, France and the U. S. , and the purpose is to gain the maximum profit; second, it will enlarge the scope of using kind claim system. That is, it can be used not only in the occasion that original holders of notes give their rights to others, but also in other conditions of using notes like theft, deceit, and so on. The system in China is basically similar to that in western countries.