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白地어음의 補充權에 관한 硏究

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자료유형	학위논문
개인저자	최일진.
서명/저자사항	白地어음의 補充權에 관한 硏究/崔一鎭.
발행사항	대전: 충남대학교 대학원, 2000.
형태사항	iv,78 p.; 26cm.
딸림자료
학위논문주기	학위논문(석사) --충남대학교 대학원:법학과 상법전공,2000
서지주기	참고문헌 : p.73-76.
언어	한국어

소장정보

소장정보

분관대출 서가에 책이 없을 때... 도서 Pick-Up서비스 찾아가는대출서비스 인쇄

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No.	등록번호	청구기호	소장처	도서상태	반납예정일	예약	서비스
1	DM131572	법학T 1F1 000-12	법학도서관/5층 학위논문/	대출불가(별치)
2	DM131573	법학T 1F1 000-12 c.2	법학도서관/5층 학위논문/	대출불가(별치)

초록

초록

초록 일부

초록 전체

As bill is the strict formal security, in case that it lecks legal form in the Bills Act , legal effect is not given except special exception.
However, it gets to be necessary for drawer to draw a bill by making in blank the legal form such as drawing place, amout, and maturity etc. In those cases, this bill is referred to as incomplete instrument.
The purpose of this study is to establish the points at issues of theory and precedent related to incomplete instrument.
In this study, this researcher emphasized protecting a third party in good faith for the safe and fair transactions of bill in connection with incomplete instrument and also considered the profit of bill debtor.
Incomplete instrument will be complete bill by the exercise of completion right. There are two rights in incomplete instrument. One is completion right to complete blank part. The other is conditional right to get the complete effect in bill by completion right exercise are being marked in blank part. Then, this completion right is given by the judicial contract out of bill relation. So, the payee of incomplete instrument though he acquired in good faith can't get the right to be able to excute without completion right.
Incomplete instrument becomes the complete bill since supplement is made. And, the effect of completion doesn't retroact to the time of signing and being or not of the signer's capacity and the agent's rights are decided at the act of incomplete instrument. As completion right has close relation with the right of bill which has effect by the exercise, it will be limited by the prescription of 3 years like a claim of bill.
By the bills Act, the signer of incomplete instrument hall assume the responsibility within the range limited to those who abused bill in bad faith or by gross negligence. And, the holder who doesn't know the limited completion right is limited and acquired and supplemented incomplete instrument in good faith by gross negligence should be protected by the Article 10 of Bills Act.
incomplete instrument is transferred with the method to be same as general bill, and the payee in good faith are protected by the limit of personal defence.
Lastly, this researcher made suggestion to try to legislate the issue on the effect to be based on the execution of completion right and on the period and the point at issues as to whether we should expand the effect to be based on judgment of exclusion and the effect to be based on the Article 10 of bills Act to those who acquired incomplete instrument beford supplement in good faith, by laws and regulations.

第 1 章序   論    1
  第 1 節硏究의 目的    1
  第 2 節硏究의 範圍    2

第 2 章白地補充權의 成立    4
  第 1 節白地補充權의 意義 및 法的性質    4
    Ⅰ. 白地補充權의 意義    4
    Ⅱ. 白地어음上에 表彰된 權利    4
    Ⅲ. 白地補充權의 法的性質    7
  第 2 節白地補充權의 成立根據    9
    Ⅰ. 白地...