According to the provisions of various countries' negotiable instrument laws, blank instruments must have the following elements:
(1) Blank bills lack legally necessary items. The lack of relatively necessary items will not affect the effectiveness of the bill. Even if it is not recorded or incomplete, the holder can still exercise the rights of the bill, and the unrecorded matters can be determined according to law.
(2) There must be the signature and seal of the bill actor.
(3) Only with the authorization of the actor can the records of others be supplemented.
(4) The actor of blank bill must deliver the blank bill to the holder. Blank bills, like ordinary bills, are completely valuable securities, and the exercise of bill rights is based on the possession of bills. Therefore, after the blank bill is made, it must be delivered, and delivery is an essential element. Without delivery, there is no validity of the bill.
Legal consequences of blank bills with extended information
First, the applicant should be the holder of the bill, not the owner, but also the obligor of the bill. For example, if the drawer of a blank bill loses the bill, the drawer itself is the obligor of the bill, but at this time, because the bill is not fully recorded, others cannot exercise the rights of the bill, nor can they apply for public notice. If the drawer is not allowed to apply for publicity, it may cause damage to the drawer. Therefore, the author thinks that the person who applies for public notice at this time should be the holder, and the holder includes the drawer, obligee, endorser and pledgee of the bill.
Second, the loss of the bill should be the holder's unintentional loss of possession of the bill. The loss of bills includes absolute loss and relative loss. Absolute losses of bills, such as burning and damage of bills, cannot be publicized, while relative losses, such as loss and theft, can be publicized under certain conditions. The condition is that the loser himself doesn't know who owns his bill, and if he does, he doesn't need to inform the public.
If the blank bill is publicized, there will be a series of legal consequences. First of all, the effectiveness of the notice of stop payment can be maintained. Stop paying the loss is only a temporary relief. The law generally stipulates that after the loss is reported and the payment is stopped, failure to apply for publicity will lead to the payment being stopped. Therefore, the effectiveness of stopping payment should be maintained through announcement. Secondly, publicity can prevent the bona fide acquisition of bills.
Because a blank bill without the payee's name has legal effect once it is delivered, it may fall into the hands of a bona fide third party without endorsement at all. If a public reminder is made, the purchaser cannot advocate a bona fide acquisition. Third, publicity is the premise of obtaining preconceived judgment.
However, at this time, because the blank bill is not completely recorded, it is impossible to completely specify all the legally necessary items of the bill in the ex-right judgment. At this time, the ex-right judgment only restores the status of the blank bill holder, and it still cannot exercise its rights according to the ex-right judgment, so the ex-right judgment only has the negative effect of preventing the third party from exercising its rights.
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