票据期后背书问题研究

Study on the Shortcomings of Endorsement of Overdue Bill

对于期后背书的涵义,世界上有两种不同的立法例,但都不尽合理。多数国家的法律规定票据期后背书产生一般债权转让的效力。我国票据法对票据期后背书的涵义规定得过于宽泛,并且有关其效力的规定也不明确,因此应予以修正。

As for the meaning of overdue bill, there are two different kinds of prescriptions worldwide, yet not so reasonable. Most nations prescribe that endorsement of overdue bill should only produce the civil law effect of common creditor＇s right on the validity of endorsement of overdue bill. In fact, endorsement of overdue bill still generates bill law effect, but the endorsees of overdue bill are restricted to exercise their rights. Its prescription of endorsement of overdue bill in Chinese bill law is too extensive in its connotation, and ambiguous in its validity. So, it should be revised.