票据法的坚守与发展

Bill Law's Standing Fast and Developments

与商法的其他部分相比,票据法在世界范围内,太久没有修改了,其原因有经济上的,也有技术上的。但是,以德、日票据法学界为代表,对票据理论的研究异常活跃,他们最关注的部分可能正是票据法需要发展的部分,即作为票据理论两大核心课题之一的非因票据行为而发生票据流转如何解决对第三人的保护问题,现行法是找不到答案的。根据票据理论的成果,以票据行为契约说为前提,辅以权利外观理论是个不错的选择。目前中国没有日内瓦法系诸国国际法义务上的限制,把权利外观理论转化为具体票据制度,完全可能使中国票据法世界领先。

Except for lots of wrong negotiable instruments law which exists for only ten years or so,negotiable instruments law in worldwide hasn＇t been amended for so many years,compared with other parts of commercial law.There are economic reasons and technical reasons.Just for this reason,there is no need to amend the system which has already existed.However,the research in negotiable instruments theory is very active,with German and Japanese negotiable instruments law field as representatives.They probably most concern the parts of negotiable instruments law that need to develop.That is the question as one of two key tasks for negotiable instruments theory on how to protect the interests of the third party due to the circulation of negotiable instruments not because of acts involving negotiable instruments.There is no answer for present law.On the basis of the research of negotiable instruments theory,it is a very excellent choice to make acts involving negotiable instruments covenant theory as a premise and make use of Exterior Right Theory.At present,there is no restriction of international law obligations in Geneva legal system in China.It must ensure Chinese negotiable instruments law dominates the world if we can transfer Exterior Right Theory into specific negotiable instruments system.