The Debtor'S Arbitrary Defense Will Affect The Negotiability Of Negotiable Instruments.

Bill defense refers to the behavior that the debtor of a negotiable instrument refuses to perform his obligations according to the provisions of the bill law. Popularly speaking, the debtor refuses to pay the bill on legitimate grounds. The defense of bills is divided into two types: defense against objects and defense against people.

So-called Defense against objects It refers to the plea based on the contents of the bill and the defects of Yao. For example, the debtor considers that the bill itself lacks some basic elements, such as the amount not specified in the draft, the signature of the invoke, the payment of a conditional entrustment, and so on. It is considered that the bill should be invalid or eliminated, thereby refusing to pay. This kind of defense is a defense against the object. The defense of the object includes: (1) the contents of the bill should not be recorded; (2) the date of maturity of the bill has not arrived; (3) the bill has been paid according to law; (4) the bill has been invalid by judgement; (5) the ticket has been kept in accordance with the law; (6) the bill lacks the ability to act; the bill is forged and altered; the bill is extinguished due to the limitation of time; and the defense that is inconsistent with the notes. For the first five items, any debtor of a bill has the right to refuse to pay the bill. For the latter four, only specific debtors can plead against all creditors. For example, forged notes can be defended by any forger because the forger has not signed the bill.

The so-called defense of a person is a specific debtor's defense against a particular creditor. This kind of defense is based on the specific relationship between the parties. Once the holder changes, he will not be able to defer any further. It is a defense against the person. It includes: (1) the reason for the relationship between the bills is not legal, such as the cheque issued for paying the gambling debts; second, the causal relationship does not exist or disappear, for example, the bill is issued for purchase, but the other party does not deliver the goods. (3) there is a lack of consideration, for example, the holder does not provide goods or services equal to the fare according to the agreement. bill Before the delivery is stolen or lost, it can be a defense against the thief or the pickup; and so on.

The defense of bills is to prevent them. Wrongful act In order to protect the debtor's reasonable rights and interests. However, if the defense of the bill is not as good as restriction, the debtor's arbitrary defense will affect the negotiability of the negotiable instrument. There is a restriction on the confrontation law of the negotiable instrument law: "the debtor of a negotiable instrument must not fight against the holder of the defense between himself and the drawer or the holder of the holder. However, unless the holder knows the reason for the existence of the defense, he obtains the bill. The debtor of a negotiable instrument may defer to the bearer who has direct creditor's right and debt relationship that fails to fulfill his contractual obligations. "