商自然人破产能力之承认与汇票持票人期前追索权的实现

On the Acceptance of Ability of Bankruptcy of Businessman and the Realization of Forward Right of Proceeding of Holder of Bill Exchange

根据我国现行对票据法的有权解释,商自然人可以作为汇票的付款人进行票据支付行为。但是我国新颁布的《破产法》仍然没有赋予商自然人以破产主体资格,这样势必造成商自然人作为汇票付款人,当其因经营不善等原因导致无力偿还到期债务时,汇票持票人期前追索权的行使遭遇阻碍的后果。因此赋予商自然人以破产主体资格,对于弥合法律之间衔接的漏洞,保证汇票持票人期前追索权的顺利实现,贯彻落实票据法的立法宗旨是十分必要和迫切的。

In the light of the related interpretation on the commercial paper law, the businessman is able to be the drawee to pay. But the new bankruptcy law of China still hasn＇t accepted the ability of bankruptcy of businessman, thus when the businessman as the drawee is unable to pay up his debts because of ill-managed and so on, the holder of bill exchange can＇t realize the forward right of proceeding. For this reason, it is of great necessity and urgency to accept the ability of bankruptcy of businessman, in order that the gaps in law can be replenished, and the forward right of proceeding can be realized smoothly, and the legislative intent can be satisfied.