论票据的善意取得

On the Goodwill Transfer of Bills

票据权利的善意取得的提法有不合理之处 ,采用票据的善意取得的说法更为科学。该制度适用的唯一例外是收款人空白的支票 ,因此应对我国《票据法》中关于空白票据的条文作必要修改 。

This article traces the theoretical source of the goodwill transfer of bills clarifying that the term itself is more scientifically and reasonably named than the former way of wording as 'goodwill tranfer of the right of bills'. With an analysis of the components and legal effect, this article also points out that the payee blank cheque is the only exception for the adaptability of the transfer. It is suggested on the basis of the legislative practice of China's 'Law of Bills', that stipulations concerning blank notes and receipt be revised with additional regulations of the bearer receipt.