英美票据法中融通票据制度初探

A Research on the System of Accommodation Paper in Anglo-American Law of Bill

对融通人和融通票据关系的不同认知,影响对融通票据内涵和外延的理解。融通票据制度的核心是融通人的权利配置,包括融通人对被融通人的权利和融通人对持票人的抗辩权。融通人对被融通人的权利包括抗辩权和救济权,融通人对持票人的抗辩权包括派生抗辩权和自有抗辩权两类。融通人对于持票人则按照其签名的名义承担票据上的义务。

The different cognitions of the relation of accommodation party to accommodation paper bear on how to understand the connotation and extension of accommodation paper. The core part of the System of accommodation paper is the arrangement of the fights of accommodation party, namely the rights of accommodation party to accommodated party and the rights of deraignment of accommodation party to holders. The former includes the fights of deraignment and redress, and the later includes the derivable fights of deraignment and the fights of deraignment owned by himself. Accommodated party takes on the duty of bill to holders according to his underwriting.