确认票据民间贴现无效的构成要件

Rules on the Invalidity Affirming of Negotiable Instruments Discount in Private Market

《九民纪要》明确民间贴现无效,票据及贴现款应相互返还,但申请确认民间贴现无效需适格主体提出并符合确认民间贴现无效构成要件。适格主体不应突破票据文意性,应为票据记载的背书人。确认民间贴现无效的要件要求票据客观能够返还为前提,并且原因关系仅为民间贴现。

The Ninth Minutes of the National Courts’Civil and Commercial Trial Work Conference stipulates that negotiable instruments discount in private market is invalid,and the negotiable instruments and discounted funds shall returned to each other.However,the application for invalidity affirming of negotiable instruments discount in private market requires the qualified subject to propose and meet the constitutive requirements.The eligible subject should not break through the literal meaning of the negotiable instruments,but should be the endorser recorded in the negotiable instruments.The prerequisite for invalidity affirming of negotiable instruments discount in private market is that negotiable instruments can be objectively returned,and the underlying connect is only related to negotiable instruments discount in private market.