英国票据法(英汉对照)

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SectionIIntroduction第一条简称。Thefirstreferredto.本法定名为1882年《票据法》。Theofficialcalledthe1882LawofBills.第二条词语之解释。Thesecondinterpretationofwords.除非在票面文句中另有要求,在本法中:Unless,inthefacetextua

  Section I Introduction

  第一条简称。 The first referred to.

  本法定名为1882年《票据法》。 The official called the 1882 "Law of Bills."

  第二条词语之解释。 The second interpretation of words.

  除非在票面文句中另有要求,在本法中: Unless, in the face textual context otherwise requires, this Law:

  “承兑”指由交付或通知而完成之承兑; "Acceptance" means the notice of completion of delivery or acceptance;

  “诉讼”包括反诉和抵销; "Action" includes counterclaim and set-off;

  “银行”包括从事银行业务之团体,不论其是否为法人组织; "Bank" includes groups engaged in banking business, whether corporate or not;

  “破产人”包括任何按照当时有效之破产法律将其财产授与受托人或受让人之人; "Bankrupt" includes any force at the time of the bankruptcy laws in accordance with its property, to grant the trustee or assignee of the person;

  “来人”指占有来人汇票或来人本票之人; "Bearer" means the possession of bearer bills of exchange or promissory notes come in person;

  “汇票”指汇票;“本票”指本票; "Bills of Exchange" means the Bills of Exchange; "promissory note" means a promissory note;

  “交付”指把占有权从一人转移至另一人,不论其为实际转让或推定转让; "Delivery" refers to the transfer of possession from one person to another person, regardless of their actual or constructive transfer of the transfer;

  “持票人”指占有汇票或本票之受款人或被背书人,或来人; "Bearer" means the possession of bills of exchange or promissory notes of the payee or endorsee or bearer;

  “背书”指由交付而完成之背书; "Endorsement" means the delivery and completion of the endorsement;

  “签发”指把形式上完整之汇票或本票第一次交付与持票人; "Issuer" refers to the formal integrity of the delivery of bills of exchange or promissory notes for the first time with the bearer;[page]

  “人”包括团体,不论其是否为法人组织; "Person" includes groups, regardless of whether corporate or not;

  “对价”指有值对价; "Right price" means a value on the price;

  “书面”包括印刷本;“书体”包括印刷体。 "Writing" includes printed copies; "book body" includes printed.

  第二节汇票 Draft Section

  格式和解释 Format and interpretation of

  第三条汇票之定义。 The definition of the third draft.

  (1)汇票为一次书面之无条件支付之命令,由一人开致另一人,并由发出命令者签名,要求受票人见票或定期或在某一可预定之日期,将一定金额之款项付与规定之人或其指定人或来人。 (1) The bill as one of the unconditional payment of the order in writing, by one person opened by another person, by issuing an order signed requiring the drawee see the ticket or on a regular basis or on a scheduled date may be a certain amount of money paid to prescribed person or his nominee or bearer.

  (2)不符合上述条件或要求,在支付款项之外完成其他行为之票据,不是汇票。 (2) does not meet the above conditions or requirements, payment instruments other than the completion of other acts, not bills.

  (3)从某一特定基金中支付之命令,按照本条含义不属无条件;但无保留支付之命令中有下述记载者,应属无条件: (3) from a specific fund for payment of the order, in accordance with this meaning is not an unconditional; but paid without reservation command has the following records who should be unconditional:

  (a)受票人自某一基金中取得偿付,或以金额借记某一帐户者;或 (A) the drawee of a Fund to obtain payment from, or the amount of a debit account; or

  (b)说明产生汇票之交易。 (B) showing that the money order transactions.

  (4)汇票不因下述原因而无效: (4) The bill is not invalid for the following reasons:

  (a)无出票日; (A) does not come out ticket Day;

  (b)未说明已付之价值,或过去已付之价值; (B) did not state the value paid, or paid the value of the past;[page]

  (c)无出票地或付款地。 (C) without a ticket or in place of payment.

  第四条本国和外国汇票。 Article IV domestic and foreign bills of exchange.

  (1)国内汇票应是或在其票面称作是(a)在不列颠群岛内出票或付款者,或(b)在不列颠群岛内开出的该群岛内之居民为受票人的汇票。 (1) Domestic money orders should be called or in his face (a) in the British Isles in a ticket or payment, or (b) within the British Isles out of the islands within the residents of the drawee of the bill . 任何其他汇票均为外国汇票。 Any other bills of exchange are foreign bill of exchange.

  就本法而言,不列颠群岛系指大不列颠和爱尔兰联合王国的任何部分,马恩岛、根西岛、泽西、奥尔德尼、萨尔克和女王陛下管辖下任何部分之邻近岛屿。 Purposes of this Law, the British Isles means the United Kingdom of Great Britain and Ireland, any part of the Isle of Man, Guernsey, Jersey, Alderney, Sark, and Her Majesty the Queen under the jurisdiction of any part of the neighboring islands.

  (2)除票面上有相反表示外,持票人得将汇票视为国内汇票。 (2) Subject to par on the contrary, said, the holder may be regarded as domestic bills of exchange bills of exchange.

  第五条不同当事人为同一人之后果。 Article V of different parties for the consequences of the same person.

  (1)汇票得开立为付与出票人或其指定人,或开立为可付与受票人或其指定人。 (1) The bill was paid with the opening of the drawer or his designee, or to be paid to the opening of the drawee or his designee.

  (2)如汇票出票人或受票人为同一人,或如受票人为虚拟者,或无缔约行为能力者,持票人得自行决定,视该票据为汇票或本票。 (2) If the bill drawer or drawee man the same person, or if the drawee artificial virtual persons, or no person contracting capacity, ticket holders may decide, depending on the instrument as a bill of exchange or promissory notes.

  第六条开致受票人。 Article VI open letter by the tellers.

  (1)受票人姓名必须合理肯定地写明或以其他方式表示之。 (1) The drawee's name must be stated with reasonable certainty or otherwise express the.[page]

  (2)汇票得开致两名或两名以上之受票人,不论他们是否为合伙人。 (2) The bill was addressed to two or more opening of the drawee, regardless of whether they are partners. 但开致两名受票人而可任择其一或在两名或两名以上之受票人中有先后顺序者,均不是汇票。 But the open letter by two votes in person may either choose one or two or two or more of the drawee of a sequence of persons, are not a money order.

  第七条受款人应予肯定。 Article VII of the payee should be affirmed.

  (1)如汇票并非付与来人者,汇票上受款人之姓名应合理肯定地写明或以其他方式表示之。 (1) If the bill is not paid to come by, bills of exchange on the payee's name shall be stated with reasonable certainty or otherwise indicated that the.

  (2)汇票得由两名或两名以上之受款人共同收款,或由两人中任一人收款,或由数名受款人之一或其中若干人收款。 (2) A bill may be authorized by two or more of the payee a common collection, or by two people in any one collection, or by one or several payees Several of them are receivable. 汇票亦得付与担任现职之人。 Bills of exchange may also pay the person in his present capacity.

  (3)如受款人为虚拟者或并无其人,该汇票得视为付与来人。 (3) If the payee is a virtual or not the person, the bill shall be deemed paid to bearer.

  第八条何种汇票为可流通者。 Article VIII, which bills for those who may be in circulation.

  (1)如汇票载有禁止转让之词句,或指明不得转让之意图者,该汇票仅在有关当事人之间有效,但不能流通。 (1) If the bill contains a prohibition against assignment of words and phrases, or to indicate an intention to not be transferred, the bill is only effective between the parties concerned, but not in circulation.

  (2)可流通汇票得付与指定人或来人。 (2) may have to pay bills in circulation with the designated person or bearer.

  (3)汇票上表明为付与来人或汇票上仅有的或最后的背书为空白背书者,即为付与来人之汇票。 (3) indicate a bill or bills to pay and come in the only or last endorsement blank endorsement persons, shall be paid to bearer of the bill.[page]

  (4)汇票上表明为付与指定人或表明为付与某一特定人,且未载有禁止转让之词句或指明不得转让之意图者,即为付与任何指定之人。 (4) The bill was paid on the show as a nominee or indicate payment to a specific person, and did not contain anti-assignment specified in the terms or intent of those who may not be transferred, shall be paid to any designated person.

  (5)如汇票在开立时或背书时并不表明为付与某一特定人或其指定人,而仅表明为按一特定人之指示付款,可由该人决定由其本人或其指定人收款。 (5) If money order in open immediately or endorsement does not indicate when the payment relating to a particular person or his designee, but only to indicate the instruction by a particular person for payment, the person may decide by himself or his nominee close section.

  第九条应付金额。 Article IX amount due.

  (1)汇票上应付之金额,就本法含义而言,即为一定之金额,即使它要求: (1) to cope with the amount on the bill on the terms of the meaning of this Act shall be a certain amount, even if it requires:

  (a)带有利息; (A) with interest;

  (b)注明分期支付; (B) specify the payment of installments;

  (c)注明分期支付,并规定任何一期不获付款,全部汇票金额即为到期; (C) specify the payment of installments, and provides for a non-payment, all bills of exchange shall be the amount due;

  (d)按规定之汇率或按汇票规定之方式得以确定之汇率折算支付。 (D) according to regulations of the exchange rate or the manner provided in accordance with bills of exchange to determine the exchange rate to be paid.

  (2)如应付金额的文字和数字同时表示,而两者有差异,应以文字所表示之金额为准。 (2) If the amount due the text and figures also said that while there are differences, should be the amount indicated in words shall prevail.

  (3)如汇票表明支付时带有利息,除票据另有其他规定外,利息应自出票日起算,如未载明出票日,则自签发日起算。 (3) If the bill shows that with the interest payments, except as otherwise provided instrument, interest shall run from the date of a vote, if no date set out in a ticket, then the date of issue.[page]

  第十条凭票即付之汇票。 Article ticket on demand of the bill.

  (1)凭票即付之汇票为: (1) ticket-you-go of the money order to:

  (a)表明为凭票、见票或经提示即付之汇票;或 (A) indicate the ticket, see Tips on demand of the tickets or money orders; or

  (b)未表明付款日期之汇票;或 (B) did not indicate the date of payment of the bills of exchange; or

  (2)在汇票到期后承兑或背书之汇票,就该承兑人或背书人而言,即为凭票即付之汇票。 (2) after the expiry of the bill accepted or endorsed the bill, on the acceptor, or indorser, shall pay and display on demand the bill.

  第十一条未来日期付款之汇票。 Article XI of the future date of payment money order.

  汇票上如表明为在下述日期付款,就本法含义而言,即为在未来日期付款之汇票: Bill on the following dates as indicated in the payment terms of the meaning of this Law shall be the date of payment of the bills in the future:

  (1)出票后或见票后定期付款。 (1) or after a vote after vote, see periodic payments.

  (2)就某一特定事件发生日或其后一定期间付款,虽不能预知该特定事件发生之日期,但肯定会发生者。 (2) a specific event occurs on or after a certain period of payment, Although we can not predict the date of that particular incident, but certainly those who will happen.

  票据表明为某一偶然事件发生后付款者不属汇票,即使该偶然事件确实发生,亦不足以弥补其缺陷。 Note that for a coincidence after the incident, the payer is not a bill of exchange, even if the accident did occur, it can not compensate for its shortcomings.

  第十二条出票后付款之汇票上漏填日期。 Article XII out the vote on the bill, after missing its date of payment.

  如表明为出票后定期付款之汇票在签发时未载日期,或见票后定期付款之汇票在承兑时未填日期,任何持票人得以实际签发日或承兑日补填,该汇票即应按补填之日期,作相应付款;但(1)如持票人虽出于善意而错填日期,以及(2)在任何情况下如错填日期之汇票最终由正当持票人持有,汇票不得作为无效,而应作为有效并支付,如同其所填日期为真实者。 If that vote for a bill after the regular payment when issued did not contain the date, or see the votes on the bill at the regular payments are not filled when the date of acceptance of any holder to the actual date of issue or acceptance Bu Tian, Butian the bill that should be the date of payment accordingly; but (a) If the holder while well-intentioned but wrong to fill the date, and (2) In any case, such as fill in the date wrong and ultimately by the legitimate holders of bills of exchange votes were held, bills of exchange shall not be valid, but should serve as an effective and pay for, as its true who filled in the date.[page]

  第十三条日期之提前或移后。 Article XIII ahead of time or moved to a later date.

  (1)如汇票上,或承兑或背书上载有日期,除有相反证明外,各该日期应视为真实之出票日、背书日或承兑日。 (1) If the bill, or accepted or endorsed, carrying the date, unless the contrary is proved, each the date shall be regarded as the true date of the ticket, endorsement date or acceptance date.

  (2)汇票不因日期之提前、移后或所载日期为星期日而无效。 (2) The bill does not advance due to the date of transfer or after the date of Sunday invalid.

  第十四条付款日之计算。 Article XIV of the calculation of the date of payment.

  汇票如非见票即付者,到期日应按下述方式决定: Bill payable on demand, such as non-persons, expiration date shall be determined as follows:

  (1)在任何情况下均按汇票规定期限之最后一日到期和付款,或如该日为非营业日,则为随后之第一个营业日。 (1) In any case, according the last day of the deadline for bills and payment due, or if such day is a non-business day, for the following business day of the first one.

  (原有第(1)款已为1971年《银行业和金融交易法》所代替)。 (In the original article (1) already in 1971, "Banking and Financial Transactions Law" replaced).

  (2)如汇票为在出票后、见票后或某一特定事件发生后定期付款者,付款日之计算应扣除开始之日而包括付款日。 (2) If the bill in a vote later, see the vote or after a particular event after the regular payment, the calculation of the date of payment shall be deducted, including the starting date of the date of payment.

  (3)如汇票为见票后定期付款者,而汇票已经承兑,自承兑日起算;如汇票遭拒绝承兑或不获支付,则自公证记录或拒绝证书作成日起算。 (3) If the bill for those who see the votes after the regular payments, while the bill has been acceptance, self-acceptance from the date; such as bills of exchange is refused acceptance or non-payment, as from the notarial records or refusal to the date of the certificate作成.

  (4)在汇票上,“月”即指历月。 (4) In the bill, the "month" refers to calendar months.[page]

  第十五条预备付款。 Article XV prepare for payment.

  汇票出票人或任何背书人得在汇票上加注持票人可在需要时得向其求助之人名。 Bill drawer or any indorser may add the word ticket holders in the bill when needed were the names of their assistance. 换言之,即在汇票遭拒绝承兑或拒绝付款而退票时,可向一指明之人求助。 In other words, the bill is refused acceptance or refusal to pay the refund, they can specify a person to seek help. 该人称为预备付款人。 The person is called a preparatory payer. 持票人可以其认为适当之方式决定是否求助于预备付款人。 Ticket-holders as it thinks appropriate to decide whether to resort to prepare the payer.

  第十六条由出票人或背书人作选择之规定。 16th run by the drawer or indorser choice provisions.

  汇票出票人或任何背书人得在汇票上列入下述明确规定: Bill drawer or any indorser may be included in a bill clearly stipulates the following:

  (1)否定或限制其对持票人之责任。 (1) deny or limit the liability of its holders.

  (2)免除持票人对出票人之某些或全部责任。 (2) to remove the drawer of the holder of some or all the responsibilities.

  第十七条承兑之定义和要件。 Of Article XVII of the definition and elements of acceptance.

  (1)承兑是受票人接受出票人命令之表示。 (1) Acceptance is the drawee to accept an order that the drawer.

  (2)承兑不符合下列条件者无效: (2) The acceptance does not meet the following conditions are valid:

  (a)承兑必须书写于汇票上,并由受票人签名。 (A) must be written on the bill on the acceptance by the drawee signatures. 仅有受票人之签名而无其他词语,亦作为承兑; Only the drawee's signature without other terms, but also as an acceptance;

  (b)承兑不得表明受票人以支付款项外之其他方式履行其承诺。 (B) Acceptance shall show that the drawee to pay the money away from other fulfill their commitments.

  第十八条承兑之时间。 18th the time of acceptance.

  汇票得在下述时间承兑: Acceptance bill was in the following time:

  (1)在出票人签名之前,或在其他方面不完整时。 (1) before signing the drawer, or when the other side does not complete.[page]

  (2)汇票过期后,或先前有拒绝承兑或拒绝付款而遭退票后。 (2) The bill expires, or earlier to refuse acceptance or refusal to pay a refund who were after.

  (3)如见票后定期付款之汇票因拒绝承兑而退票,但受票人在其后又予以承兑,则如无其他协议,持票人有权以第一次向受票人提示承兑之日为承兑日。 (3) See our votes on a regular basis for refusing to pay the bill acceptance and refund, but the drawee to be in their later acceptance, then, if no other agreement, holders have the right to the first time the drawee Tips the date of acceptance for the acceptance date.

  第十九条一般承兑和附条件承兑。 19th of general acceptance and conditional acceptance.

  (1)承兑可为:(a)一般的;或(b)附条件的。 (1) The acceptance for: (a) general; or (b) attached conditions.

  (2)一般承兑为无条件地同意出票人之命令。 (2) general acceptance of an unconditional agreement to the drawer of the command. 附条件承兑为以明示条款改变所开立汇票之要旨。 Conditional acceptance of the terms in order to express a change in the thrust of the bill opened.

  特别在下列情况下,承兑为附条件承兑: Particularly in the following circumstances, conditional acceptance for acceptance:

  (a)有条件的,即承兑人之付款取决于承兑上所述条件之履行; (A) conditional, that is, the acceptor of the payment depends on the conditions described in the discharge of acceptance;

  (b)部分的,即仅对汇票上开立之部分金额承兑付款; (B) part, that is only part of the bill on the opening of the amount of acceptance for payment;

  (c)限于某地,即承兑之付款,仅限于一特别指定之地点。 (C) be limited to a certain place, that is, acceptance of payment is limited to a particular designated place.

  除非承兑明确表明只能在某地而不能在其他地点付款;仅表明在某地付款之承兑,为一般承兑; Acceptance unless it clear that only in a certain place but not at other locations in payment; only as of the acceptance of payment in a certain manner, for the general acceptance;

  (d)对时间附有条件; (D) of time with conditions;[page]

  (e)不是由受票人全体承兑,而是由其中一人或若干人承兑。 (E) not by the drawee of all acceptance, but by one person or several people acceptance.

  第二十条不完整票据。 Diershitiao incomplete notes.

  (1)如在一页空白的已贴印花之纸上仅有一个签名,而由签名人交付,意图将之转变为汇票,即能作为在表面上授权予以填写成一完整之汇票,所填金额可达到印花税所许可范围之金额,其签名即为出票人、或承兑人或背书人之签名;按同样方式,如汇票之任一重要项目欠缺,占有票据之人在表面上有权以其认为适当之方式补填该欠缺之项目。 (1) If a printing of a blank piece of paper that has been posted only a signature by the signer to deliver, with intent to shift the bill, that is, serve as a mandate on the surface to be filled into the integrity of a bill of exchange, has filled in the amount of can be achieved to the extent permitted by the amount of stamp duty, its signature shall be the drawer, or acceptor, or indorser's signature; by the same way, such as the bill's lack of any important project, possession of instruments of the people on the surface have the right to it considers appropriate manner Butian of the lack of items.

  (2)为使此类票据经补齐后能对补齐前已对票据负有责任之当事人具有执行效力,则必须在合理时间内严格按照授权补齐。 (2) To enable such instruments can by padded padded ago, right after the bills have the responsibility of the parties enforceable, it must be in strict accordance with the license within a reasonable time padded. 此项合理时间乃事实问题。 The reasonable period of time is a question of fact.

  但若此类票据在补齐后已流通转让给正当持票人,则就该人而言,在任何方面均应有效,也得依之执行,如同该票据系在合理时间内严格按照授权补齐者。 However, if after such bills have been in circulation in the padded transferred to holder in due course, the case of the person, shall be valid in any respect, but also may, in accordance executive, as the Department of the instrument within a reasonable time completed strictly in accordance with authorized Qi person.

  第二十一条交付。 21st of delivery.[page]

  (1)汇票上的每一合约,不论其为出票人的、承兑人的、或背书人的,在交付票据使之生效前,是不完整的和可撤销的。 (1) bill, on which each contract, whether the drawer, the acceptor, or indorser, in the delivery of an instrument to make the entry into force, it is not complete and may be revoked.

  但如承兑书写于票面,并由受票人发出通知,或按照对汇票有所有权之人之指示,声明已承兑汇票,该项承兑即成为完整和不可撤销的。 However, if the acceptance written on the face by the drawee of notice of the bill in accordance with the instruction of people have ownership of the statement to have been accepted bills of exchange, the acceptance becomes complete and irrevocable.

  (2)就直接当事人之间而言,并就非正当持票人之其他间接当事人而言: (2) between the parties directly concerned, and to the legitimate holder of the non-parties in terms of other indirect:

  (a)为使交付有效,根据具体情况,必须由出票、承兑或背书之当事人作出或从上述人之授权作出; (A) In order to deliver effective, depending on the circumstances, it must be out of votes, acceptance or endorsement of the parties to make or person authorized to make from the above;

  (b)交付可以表明为有条件的,或仅为某一特定目的,并非为转让汇票上产权而交付。 (B) may indicate a conditional delivery, or only for a particular purpose, not for the transfer of property rights and the delivery of the bill.

  但如汇票为正当持票人所持有,则应决定性地推定为汇票为所有前手当事人有效交付从而使所有当事人对其负责。 However, if the bill is held by the holder in due course, it should be conclusively presumed to be in hand before the bill for all the parties so that the effective delivery of all parties responsible for them.

  (3)如汇票非作为出票人、承兑人或背书人签名之当事人所占有,在有相反证明之前,应推定为由该人有效和无条件交付。 (3) If the bill as a non-drawer, acceptor or indorser signature of the party's share has, until the contrary is proved, be presumed that the person on grounds of effective and unconditional delivery.

  第二十二条当事人的行为能力。 The twenty-second capacity of the parties.[page]

  (1)汇票当事人承担责任之行为能力与缔结合约之行为能力同。 (1) bill the party responsible for the conduct of capability and capacity to enter into contracts of the same.

  但本条不应使法人组织作为出票人、承兑人或背书人而对汇票负责,除非按照当时有关法人组织之有效法律,法人组织有资格承担责任。 But this should not make legal organizations as drawer, acceptor or indorser of the bill which is responsible for, except in accordance with the then effective laws relating to corporate organization, corporate organizations are entitled to assume responsibility.

  (2)如汇票由婴孩、未成年人或无行为能力或无力在汇票上承担责任之法人组织开立或背书,该出票和背书仍使持票人有权取得汇票之付款,并向任何其他汇票上之当事人要求执行。 (2) If the bill from the baby, minors or incapacitated or unable to assume responsibility for the bill to open the corporate body or endorsement, the endorsement of a ticket and still enable the holder the right to obtain bill payment, and to any other bill on the party called for the implementation.

  第二十三条承担责任必须签名。 23rd of responsibility must be signed.

  任何人在汇票上未以出票人、背书人或承兑人身份签名者,不应作为出票人、背书人或承兑人对汇票负责,但如: Any person who is not in the bill to the drawer, indorser, or acceptor identity of the signer and not as drawer, indorser, or acceptor of the bill in charge, but if:

  (1)某人以其商号名称或虚构之名在汇票上签名,签名人应对汇票负责,如同其以本人名义在汇票上签名者。 (1) a person in their firm name or fictitious name in the bill signed, the signer should be responsible bill, as its my name on the bill signer.

  (2)商号之签名与签名人以所有负责之合伙人之名义签名相同。 (2) The firm's signature and signatory to all those responsible partners in the name of the same signature.

  第二十四条伪造或未经授权之签名。 24th Article of forged or unauthorized signature.

  除本法另有规定外,如汇票上之签名系伪造或未经被签名人之授权,则伪造或未经授权之签名完全不生效力,从而无权通过或根据该签名保留汇票或解除汇票责任,或要求汇票上任何当事人履行付款,除非对保留汇票表示同意或对汇票应负付款责任之当事人不能否定该伪造或未经授权之事实。 Except as otherwise provided in this Act, such as forged signatures on a bill, or without the authorization of the signer, then the forged or unauthorized signature completely health effect, and thus no right to pass or retain under the signature bill of exchange or money order lifted responsibilities, or require any party to perform a bill payment, unless the right to retain drafts of the bill should be held to consent or payment obligations of the parties can not deny the fact that counterfeit or unauthorized.[page]

  但本条并不影响对未经授权但非伪造签名之追认。 But this section does not affect the right, without authorization, non-ratification of the forged signatures.

  第二十五条委托代理之签名。 25th Article of the principal-agent signing.

  委托代理之签名表明为代理人仅有有限之签名权,而委托人仅在该签名之代理人在实际授权范围内签名时才承担责任。 Principal-agent as an agent of the sign to indicate that only a limited right of signatures, but only if the signature of the principal agent in the context of actual authority when signing responsibility.

  第二十六条以代理人或代表身份签名之人。 26th with an agent or representative of the identity of the person signing.

  (1)作为出票人、背书人或承兑人在汇票上签名之后,并在签名之上载明系代表委托人签名或以代表资格签名之词语,则对汇票不承担个人责任。 (1) as drawer, indorser, or acceptor to sign the bill after the department set out in the signature on behalf of a client signature or signatures of the word to represent the qualifications, then the right money orders are not held personally responsible. 但在签名之上仅载明其为代理人或充当代表人性质之词语,不免除其个人责任。 But in signing on only as set out in it as agent or representative of the nature of the word, does not exempt their personal responsibility.

  (2)在决定汇票上的签名究系为委托人或代理人所手签时,应采用最有利于票据有效性的解释。 (2) In determining the signature on the bill the Department for the study hand-signed by the principal or agent, shall adopt the most beneficial to the validity of the interpretation of the Notes.

  第二十七条价值和汇票之对价。 27th Article of the right price value and money orders.

  (1)汇票之有值对价,得由下述条件构成: (1) The bill of a value on the price of the following conditions may constitute:

  (a)任何足以构成单纯契约之对价; (A) Any contract is sufficient to constitute just the right price;

  (b)发生在票据以前之债务或负债,无论汇票为见票即付或在未来某一时期付款,该债务或负债即被视为有值对价。 (B) occurred in the Notes prior to the debts or liabilities, whether on demand or a money order for payment at a future time, the debts or liabilities shall be deemed to have a value to the price.[page]

  (2)如在任何时候已为汇票支付了价值,则汇票之持票人对承兑人和在支付对价时已成为当事人之所有当事人而言,即被视为付对价持票人。 (2) If at any time the value has been paid for the bill, then the bill acceptor and the right to ticket holders pay the right prices have already joined as a party of all parties concerned, shall be deemed to pay the right price of ticket holders.

  (3)如汇票持票人,不论起因于契约或法律之默示,对汇票有留置权,该持票人即被视为是付对价持票人,但以其有留置权之金额为限。 (3) If the bill holder, regardless of the cause implied in the contract or the law, a lien on the bill, the holder shall be deemed to be paid to the price of ticket holders, but there is a lien on the amount of its limited .

  第二十八条融通票据和融通人。 28th of intermediation instruments and intermediation of people.

  (1)汇票之融通人是作为出票人、承兑人或背书人在汇票上签名之人,但该人并未为此而收取价值,其目的在于将其名字借与其他人。 (1) The bill of intermediation are, as the drawer, acceptor or indorser of the bill to sign, but that person does not receive value for this purpose, the purpose is to lend their names to others.

  (2)融通人对付对价持票人承担汇票责任,在该持票人取得汇票时,是否知悉该当事人为融通人,则无关重要。 (2) intermediation of the price of ticket holders who bear the bill to deal with the responsibility of the holder access to bills of exchange, whether it knows the party is factoring person, irrelevant.

  第二十九条正当持票人。 29th of holder in due course.

  (1)正当持票人按照下述条件取得汇票,其票面完整而成为合格之持票人: (1) The holder in due course according to the following terms, bills of exchange, its face complete and become qualified to ticket holders:

  (a)在成为持票人时,汇票未过期,如已有退票之事实,亦不知该事实; (A) in a holder, the bill has not expired, such as the refund has been the fact that, not knowing that fact;

  (b)以善意并支付对价取得汇票,在汇票流通转让于正当持票人时,不知转让人之所有权有任何缺陷。 (B) in good faith and pay the right price to obtain drafts, bills of exchange in circulation in the transfer in the holder in due course, it is not the transfer of ownership of any defective person.[page]

  (2)特别是,如某人以欺诈、胁迫、暴力和恐吓,或其他非法手段,或以非法对价取得汇票或汇票之承兑,或违反诚信,或在等同欺诈之情况下流通转让汇票,则按照本法含义,该汇票转让人之所有权存有缺陷。 (2) In particular, if a person in order to fraud, coercion, violence and intimidation, or other unlawful means, or made illegal on the price of acceptance of bills of exchange or money orders, or breach of trust, or fraud equivalent to the transfer of cases, circulation of bills of exchange, In accordance with this Act is the meaning of the assignor of the title of the bill is defective.

  (3)持票人(不论是否付对价)如从正当持票人处取得汇票之所有权,而其本人又不是对汇票有影响之欺诈或非法行为的参与者,则对承兑人和所有该持票人之前手当事人而言,具有该正当持票人所有之全部权利。 (3) The holder (whether or not to pay right price), such as bills of exchange obtained from legitimate holder of the title, while his own are not on bill's impact on participants in fraudulent or illegal acts, then the pairs of acceptor and all of the Prior to the parties in terms of hand-holder, has the legitimate holder of all rights for all.

  第三十条价值和善意之推定。 30th of the value and goodwill of the presumption.

  (1)每一在汇票上签名之当事人,在表面上被认为是取得对价之当事人。 (1) Each of the parties to sign the bill, on the surface is considered to obtain prices of the parties.

  (2)每一持票人在表面上被认为是正当持票人,但在诉讼中如经承认或经证明汇票之承兑、签发或其后之流通转让,因欺诈、胁迫,或暴力和恐吓而受影响,则举证责任因之转移至该持票人,除非或直至该持票人证明系在被指控之欺诈或非法行为后,以善意并支付对价而取得汇票者。 (2) Every holder on the surface, is considered holder in due course, but in the proceedings, such as a recognized or certified bills of acceptance, issue or subsequent circulation of the transfer, due to fraud, coercion, or violence, and affected by intimidation, then the consequent burden of proof shift to the holder, unless or until the holder of that department where the alleged fraud or illegal acts, the right price in good faith and pay bills of exchange were obtained.[page]

  汇票之流通 The circulation of bills of exchange

  第三十一条汇票之流通。第三十一条the circulation of bills of exchange.

  (1)如汇票从某人转让至另一人,使受让人成为汇票之持票人者,即为汇票之流通。 (1) If a bill from a person transferred to another person, to make the transferee as holder of the bill were, that is, the circulation of bills of exchange.

  (2)付与来人之汇票通过交付而流通。 (2) The bearer of the bill was paid by delivery circulation.

  (3)付与指定人之汇票,由持票人背书并通过交付而流通。 (3) The nominee of the bill was paid by the holder by endorsement and delivery and distribution.

  (4)如汇票之持票人以付与其指定人之汇票在收取对价后转让,但未背书,则该项转让将转让人在汇票上之所有权转让与受让人。 (4) If the holder to pay the bill and its designees the right price in the collection of money order after the transfer, but not endorsement, then the transfer will be transferred in the transfer of ownership on the bill and assignees. 此外,受让人还取得要求转让人加注背书之权利。 In addition, require the assignor to the assignee also obtained the right to add the word endorsement.

  (5)如任何人有义务以代表资格在汇票上背书,则可在背书时,加注否认其个人责任之条款。 (5) If anyone has an obligation to represent the qualified endorsement of a bill, you can at the endorsement, the endorsement denying the terms of their personal responsibility.

  第三十二条有效背书之必备条件。 Article Thirty-effective endorsement of the necessary conditions.

  能起流通作用之背书,必须符合下述条件: Can play a role in the endorsement of the circulation, must meet the following conditions:

  (1)必须写在汇票上,并由背书人签名。 (1) must be written on a bill, signed by the endorser. 汇票上仅有背书人之签名,而未加其他词语,亦为有效。 The only endorser of the bill signing, without increases in other words, is also effective.

  写在粘单上之背书,或在承认“副本”的国家里签发或流通之汇票在“副本”上之背书,视同写在汇票上。 Written on sticky slip of the endorsement, or recognition of the "copy" of the country where the issue or circulation of bills of exchange in the "copy" on the endorsement, as if written on a bill.[page]

  (2)背书须就汇票之全部金额背书。 (2) The endorsement shall bill the full amount of the endorsement. 部分背书,即意图将应付之金额部分转让给被背书人之背书,或旨在将汇票分别转让给两名或两名以上被背书人之背书,不能起到使汇票发生流通转让之作用。 Part of the endorsement, that is part of the intent to meet the amount transferred to the endorsee of the endorsement, or bills of exchange were designed to be transferred to two or more of the endorsee endorsement, can not play so that the transfer of the role of the circulation of bills of exchange took place.

  (3)如汇票付与两名或两名以上之受款人或被背书人之指定人,而上述人等又非合伙人时,则所有的人必须背书,除非背书人有权代表其他人背书。 (3) If the bill was paid two or more of the payee or endorsee of the nominee, while the above-mentioned persons of non-partner again, then all people must be endorsed, unless the endorsement is entitled to an endorsement on behalf of another person .

  (4)如付与指定人之汇票上,受款人或被背书人之姓名写错或拼错,该人可按汇票所写之姓名在汇票上背书。 (4) If the nominee of the bill was paid, the payee or endorsee of the name wrong, or misspelled, the person may write his name in the draft bill on the endorsement. 如认为恰当,得加注其本人之正式签名。 If it considers appropriate, the official was filling his own signature.

  (5)如汇票有两项或两项以上背书,每项背书应认为系按照汇票上出现背书之顺序作出,除非有相反之证明。 (5) If the bill has two or more endorsements, each endorsement shall be deemed to appear on the Department endorsed the bill in accordance with the order made, unless there is proof of the contrary.

  (6)背书可作成空白背书或特别背书,亦可含有使其成为限制背书之条款。 (6) The endorsements could be made in blank or special endorsement may also contain an endorsement to become a restricted terms.

  第三十三条条件背书。 33rd endorsement of the conditions.

  如汇票表示为附有条件之背书,付款人可不顾该项条件,不论条件之是否履行,对被背书人之付款,应作为有效。 If the bill is expressed as a conditional endorsement, the payer may disregard the condition, regardless of whether the conditions to fulfill, the endorsee of the payment shall be as effective.[page]

  第三十四条空白背书和特别背书。 34th of blank and special indorsement.

  (1)空白背书并不指明被背书人,如此背书之汇票成为付与来人之汇票。 (1) The blank did not identify the endorsee, so endorsement of the bill as paid and the bearer of the bill.

  (2)特别背书指明汇票之受款人或其指定人。 (2) specified in the special endorsement of the payee or its nominee money orders.

  (3)本法有关受款人之规定,经必要修改后亦适用于特别背书之被背书人。 (3) The provisions of this Act relating to the payee, mutatis mutandis, also applies to the special endorsement of the endorsee.

  (4)如汇票作成空白背书,任何持票人得在背书人之签名上加注付与其本人之指定人或其他人之指定人之指示而将空白背书转变为特别背书。 (4) If the bill作成blank, any holder may in the endorser's signature on the endorsement of the nominee pay for their own nominee or any other person's instructions to the blank endorsement into a special endorsement.

  第三十五条限制背书。 35th of limited endorsement.

  (1)如背书禁止汇票之进一步流通,或表明该背书仅授权按照背书之指示处理该汇票,而非为转让汇票之所有权。 (1) If the endorsement of the bill to prohibit the further distribution, or indicate that the endorsement endorsement in accordance with instructions that only authorized to deal with the bill, rather than bills of exchange for the transfer of ownership. 例如,汇票之背书为:“只能付与丙”或“付与丙,入某人之帐”或“付与丙或其指定人、作托收用”。 For example, the bill's endorsement: "That can only be paid to C," or "paid to C, into a person's account," or "paid to C or its designee for collection to use."

  (2)限制背书给与被背书人以收取票款之权利,并拥有背书人所拥有之向任何汇票当事人起诉之权利,但并不授予作为被背书人所具有之转让权利之权力,除非背书上有明确之授权。 (2) to limit endorsee endorsement given to the right to receive ticketed and has the endorsement of people owned by the parties to any bill the right to prosecute, but does not give as endorsee of the transfer of rights possessed the power, unless the endorsement of There are clear of the authorized.[page]

  (3)如限制背书授权再转让,则所有其后手被背书人享有之权利和承担之义务与限制背书之第一被背书人相同。 (3) If the restricted endorsement re-transfer of authority, then all subsequent endorsee right hand rights and assume the obligations and limitations of the first endorsee endorsement of the same.

  第三十六条过期或已退票汇票之流通。 36th of overdue bills of exchange or refund of the circulation.

  (1)如汇票之原始票或为流通转让者,则可继续流通转让,直至(a)作成限制背书,或(b)因付款或以其他方式解除责任。 (1) If the bill for the circulation of the original ticket or transfer of persons, transfer may continue to circulate until the (a)作成restriction endorsement, or (b) by payment or otherwise discharge the responsibility.

  (2)过期汇票如流通转让,其流通转让应受到在其到期时该汇票之有瑕疵所有权之制约,并在此以后,任何人都不能取得或给与较其前手所拥有之更优越之所有权。 (2) The date a bill is nontransferable, its circulation of the transfer should be in its maturity of the bill's flawed ownership constraints, and after that, no one can acquire or give a more hand-owned by his former superior of ownership.

  (3)见票即付之汇票,按本条之含义和目的而言,如从表面看来,其流通已超过合理之期间,即视为过期。 (3) of the bill payable on demand, according to the meaning and purposes of this article, such as from the face of it, its circulation over a reasonable period, that is regarded as expired. 据此,何为超过合理期间,乃事实问题。 Accordingly, what is more than reasonable period of time, is a question of fact.

  (4)除非背书上所载之日期在汇票到期日后,每次流通转让应在表面上视为在汇票过期以前所为。 (4) Unless the endorsement on the date set out in the bill due date, each flow of the transfer should be regarded as bills of exchange on the surface as previously expired.

  (5)如未过期之汇票已遭退票,任何取得汇票并知悉退票事实之人应受到在退票时任何有瑕疵所有权之制约,但本款之规定并不影响正当持票人之权利。 (5) If the bill has been overdue for a refund of any refund made aware of the fact that bills of exchange and the person should be in a refund of any defective when ownership constraints, but the provisions of this paragraph does not affect the legitimate rights holders.[page]

  第三十七条汇票流通转让给已对汇票负责之当事人。 37th of bills in circulation have been transferred to the responsibility of the parties to the bill.

  如汇票经回转流通转让给出票人,或前手背书人或承兑人,上述当事人得按照本法规定,重新签发和进一步流通转让汇票,但无权强使过去对之负责之中间当事人付款。 Such as bills of exchange in circulation by the Rotary transferred to the drawer, or indorser, or acceptor before hand, these parties have in accordance with the provisions of this Act, re-circulation of the issue and further transfer of bills of exchange, but not to oblige the middle of the past, the responsibility of the two parties to pay for section.

  第三十八条持票人之权利。 38th of the right holder.

  汇票持票人之权利和权力如下: Bill of rights and powers of holder are as follows:

  (1)得以其本人名义起诉。 (1) was able to prosecute his or her name.

  (2)如为正当持票人,其持有汇票之权利不受前手当事人有瑕疵所有权之影响,也不受前手当事人之间得作为个人抗辩事由之影响,并得强使所有对汇票负责之当事人付款。 (2) If the holder in due course, its bill of rights are not held by the parties before the hand-defective ownership effects, as well as between the parties not before the hand was the impact of the subject as a personal defense, and may oblige all those bills The party responsible for payment.

  (3)在其所有权有瑕疵之情况下,(a)如将汇票流通转让给正当持票人,该持票人即取得对汇票有效和完全之所有权,和(b)如持票人取得汇票上之付款,则在正当业务过程中付款之人即得有效地解除汇票上之责任。 (3) in its ownership in case of defective, (a) if the transfer of bills of exchange in circulation to the holder in due course, the right holder shall obtain the complete ownership of an effective and bills of exchange, and (b) such holder to obtain money orders on the payment, then the payment due course of business person that is very effective in relieving the responsibility on the bill.

  持票人之一般责任 Holders of general obligation

  第三十九条在揭示承兑为必须时。 39th Article of acceptance must be revealed when the.[page]

  (1)如汇票为见票后付款,必须提示承兑以决定票据之到期日。 (1) If the bill see the votes for the post-payment, must be prompt acceptance in order to determine the maturity of the Notes.

  (2)如汇票明确规定汇票应提示承兑,或如汇票之付款系在受票人之居住地或营业处所以外,在提示付款前必须将汇票提示承兑。 (2) If the draft bill should be clearly defined prompt acceptance, or if the bill payment system in the drawee's place of residence or business premises and, in the prompt payment before the bill must be prompt acceptance.

  (3)在其他情况下,为使汇票之任何当事人负责,并非必须提示承兑。 (3) In other cases, for the bills of any party responsible, not have to prompt acceptance.

  (4)如开立为在受票人营业处所或居住地以外地点付款之汇票持票人,经合理之努力,仍无时间在汇票到期日提示付款前提示承兑,则在提示付款前由于提示承兑所发生之延迟得予宽恕,从而并不解除出票人和背书人之责任。 (4) If the opening in the drawee business premises or residence of place of payment other than the bearer bill, after reasonable efforts, still no time in the bill before the due date for payment prompt prompt acceptance, then at the prompt payment of subsection ago because of prompt acceptance by the delay may be the occurrence of forgiveness, which does not preclude the responsibility of the drawer and endorser.

  第四十条见票后付款之汇票提示之期限。 See ticket for payment after the 40th article of the bill prompted the deadline.

  (1)除本法另有规定外,见票后付款之汇票在流通转让后,持票人必须提示承兑或在合理时间内流通转让。 (1) Except as otherwise provided in this Law, see the votes for payment of bills in circulation after the transfer, ticket holders must be prompted to accept or within a reasonable time nontransferable.

  (2)如未按上款规定办理,出票人以及该持票人之所有前手背书人得解除责任。 (2) If the failure to apply the provisions of the preceding paragraph, the drawer and the holder of all the former hand endorser was absolved of responsibility.

  (3)在按本条含义决定何为合理时间时,应考虑汇票之性质、有关同类汇票之贸易惯例,和具体案例之事实。 (3) In accordance with this section to decide what the meaning of reasonable time, should take into account the nature of bills of exchange, bills of exchange of trade for similar practices, and specific cases of the facts.[page]

  第四十一条提示承兑和免除提示之规则。第四十一条tips acceptance and remove the tips of the rules.

  (1)如按下述规则提示承兑,即为正式提示: (1) If prompted to acceptance in accordance with the following rules shall be the official tips:

  (a)提示必须在汇票过期之前,于营业日之合理时间内,由持票人或代表持票人之人向受票人或其他经授权能代表受票人接受或拒绝承兑之人作出; (A) to be prompted before the bill expires on business days within a reasonable time by or on behalf of holders of bearer to the drawee or other person authorized to represent the drawee to accept or reject the acceptance of the person ;

  (b)如汇票开致两名或两名以上非合伙人之受票人,必须向全体受票人提示,除非某人有权代表全体承兑,则提示承兑可仅向该某人作出; (B), such as bills of exchange to open letter two or more non-partners of the drawee, the drawee must be prompt to all, unless the person has the right on behalf of all acceptance, then the prompt acceptance may be made only to a person ;

  (c)如受票人死亡,提示得向遗产管理人作出; (C) If the drawee death, suggesting that may be made to the administrator;

  (d)如受票人破产,提示得向其或其受托人作出; (D) If the drawee of bankruptcy, suggesting that may be made to its or their trustees;

  (e)如由协议或惯例认可,提示也可通过邮局作出。 (E) if authorized by the agreement or practice, tips can also be made by post.

  (2)凡符合下述规则,提示得予豁免,汇票得作为因拒绝承兑而退票: (2) who meet the following rules, suggesting that may be exempt, bills of exchange were refused acceptance as a result of the refund:

  (a)如受票人死亡或破产,或为一虚拟之人或无行为能力以汇票缔约之人; (A) If the drawee death or bankruptcy, or a virtual incapacity of the person or persons contracting with money orders;

  (b)如经合理之努力而仍无法提示; (B) If after reasonable efforts are still unable to tips;

  (c)虽然提示不符合规定,但承兑因其他理由而被拒绝。 (C) Although the tips do not meet requirements, but acceptance has been rejected for other reasons.[page]

  (3)持票人有理由相信在提示时汇票将被退票之事实,不能豁免提示。 (3) The holder reason to believe that when the bill will be prompted to the fact that a refund can not be exempted from tips.

  第四十二条拒绝承兑。 42nd to refuse acceptance.

  如汇票被正式提示承兑而在习惯时间内未被承兑,提示人必须视为因拒绝承兑而退票。 Such as the bill was officially prompted acceptance period has not been in the habit of acceptance, suggesting that people must be seen as a result of acceptance and refusal to refund. 如不按退票办理,持票人即丧失向出票人和背书人之追索权。 If not handled according to a refund, ticket holders that the loss of the drawer and the endorser of recourse.

  第四十三条因拒绝承兑而退票及其后果。 43rd refusing acceptance of the refund and its consequences.

  (1)如发生下述情况,汇票即因拒绝承兑而退票: (1) In the event of the following cases, money orders or for refusing to acceptance and Refund:

  (a)如正式提示承兑而按照本法之规定承兑被拒绝或不能获得;或 (A) If a formal prompt acceptance and acceptance in accordance with the provisions of this Act is refused or not available; or

  (b)如提示承兑被免除,而汇票未被承兑。 (B) if prompt acceptance are exempt, while the bill was not honored.

  (2)除本法另有规定外,如汇票因拒绝承兑而退票,持票人立即取得向出票人和背书人追索之权,无需再提示付款。 (2) Except as otherwise provided in this Act, such as bill acceptance and for refusing to refund ticket holders immediate access to the drawer and the endorsement of people the right to recourse, no longer need to prompt payment.

  第四十四条保留承兑之责任。 44th of reservation acceptance of responsibility.

  (1)汇票持票人得拒绝接受保留承兑,如未取得无保留之承兑,可视汇票为因拒绝承兑而退票。 (1) The holder may refuse to accept the reservation bill acceptance, without first obtaining the acceptance without reservation, visual bill for acceptance and for refusing to refund.

  (2)如保留承兑被接受,而出票人和背书人未明示或默示授权持票人接受保留承兑,在其后又未予以同意,出票人及该背书人可解除汇票责任。 (2) If the reservation acceptance be accepted, while the drawer and the endorsement has not expressly or impliedly authorized to accept a reservation holder acceptance, in its later not to be agreed that the drawer and the endorsement may discharge the responsibility bill .[page]

  本款之规定不适用于已对部分承兑发出通知之部分承兑。 Of this paragraph shall not apply to have notice of the acceptance of some part of the acceptance. 如对外国汇票作成部分承兑,其未承兑部分必须作成拒绝证书。 If作成part of the acceptance of foreign bills of exchange, its refusal to honor a part of the certificate must be作成.

  (3)如汇票之出票人或背书人收到保留承兑之通知,而未在合理时间内向持票人表示不同意,应被视为同意保留承兑。 (3) If the bill is received by the drawer or indorser to retain acceptance of the notice within a reasonable time without ticket holders did not agree shall be deemed to have agreed to retain acceptance.

  第四十五条有关提示付款之规则。 45th of the rules relating to prompt payment.

  除本法另有规定外,汇票必须正式提示付款。 Except as otherwise provided in this Act, the bill must be formally prompt payment. 如未正式提示,出票人和背书人应解除责任。 If not formally suggest that the drawer and indorser liability should be lifted.

  汇票按下述规则提示付款,即为正式提示付款: Prompt payment bills in accordance with the following rules shall be the official prompt payment:

  (1)如属非见票即付之汇票,必须在汇票到期日提示。 (1) In the case of non-payable on demand drafts, bills of exchange due date must be prompt.

  (2)如为见票即付之汇票,除本法另有规定外,为使出票人负责,必须在出票后之合理时间内提示;为使背书人负责,必须在背书后之合理时间内提示。 (2) If the bill payable on demand, except as otherwise provided in this Act, for the drawer is responsible must be a vote within a reasonable time after prompt; In order to endorse responsible must be reasonable, after endorsement period of time prompts.

  在决定何为合理时间时,应考虑汇票之性质、有关同类汇票之贸易惯例和具体案例之事实。 In determining what is a reasonable time, should take into account the nature of bills of exchange, bills of exchange of trade for similar practices and the fact that in specific cases.

  (3)提示必须在营业日之合理时间内,持票人或有权代持票人收款之人在本法下文规定之合适地点,向汇票上指定为付款人之人或有权代付款人付款或拒绝付款之人作出。 (3) The presentation must be in business days, within a reasonable time or the right on behalf of holders of bearer receipts hereinafter provided in this Act shall at suitable locations, to bill the person designated as the payer or the right on behalf of the payer payment or refuse to pay the person. 上述之人为如经合理之努力可找到之人。 Man-made, such as the above can be found after reasonable efforts of the people.[page]

  (4)汇票在下述地点提示者,即为在合适之地点提示: (4) The bill prompted by the following locations shall be in suitable locations of the tips:

  (a)如汇票上已指明付款地,汇票在该地提示; (A) has been identified, such as bill payment, money order in the reminder;

  (b)汇票上未指明付款地,但有受票人或承兑人之地址,汇票在该地提示; (B) is not specified in bill payment, but the drawee or acceptor of the address, bills of exchange in the reminder;

  (c)汇票上未指明付款地亦无受票人或承兑人之地址,在受票人或承兑人之营业处所提示,如该处所属已知者。 (C) bill is not specified payment to the drawee or acceptor nor the address of the drawee or acceptor of the business premises tips, such as those relevant to the respective known. 如属不知,则在已知之彼等之惯常居所提示; In the case of I do not know, then known to the best of their usual place of residence of the tips;

  (d)在任何其他情况下,如能找到付款人或承兑人,则向彼等提示,或在其最后为人所知的营业处所或居住地提示。 (D) In any other case, if the payor or acceptor can be found, then to make the best of their tips, or at his last known place of business premises or place of residence tips.

  (5)如汇票在一合适的地点提示,经过合理之努力后仍未能找到被授权付款或拒绝付款的人,则无需再向付款人或承兑人提示。 (5) If money order at a suitable location for tips, after reasonable efforts so far could not find the authorized payment or refusal to pay the person, no further prompt payer or acceptor.

  (6)如汇票开致两名或两名以上非合伙之人或由彼等承兑,但未规定付款地点,汇票应向彼等全体提示。 (6) If the bill to open letter two or more non-partner of the person or the best of their acceptance, but does not provide the place of payment, bills should be the best of their entire tips.

  (7)汇票的受票人或承兑人死亡,且汇票亦未规定付款地,如确有遗产管理人并经合理努力可以找到,应向其遗产管理人提示。 (7) bill the drawee or acceptor death, and the bills of exchange nor the provisions of payment, such as the administrator, and indeed can be found after reasonable efforts, should his estate tips.[page]

  (8)如经授权或惯例许可,经邮局提示亦为有效。 (8) If authorized or practice permits, prompted by the post office is also effective.

  第四十六条延迟提示或未作提示要求付款的免责。 46th of delays prompted or required to make prompt payment exemption.

  (1)如付款提示之延迟并非由持票人能控制之原因造成,亦不能归咎于持票人之怠职、处置不善和疏忽,该持票人可免除责任。 (1) If the delay in payments prompted not by the holder of the causes can be controlled, they can not be attributed to holders of the lazy staff, dispose of mismanagement and negligence, the holder may waive liability. 但该延迟原因一经消失,应以合理之努力作出提示。 However, the reason for a delay by the disappearance of reasonable efforts should be prompt.

  (2)如有下列情形,付款提示可予免除: (2) if the following circumstances, payment may be dispensed tips:

  (a)经过合理之努力,本法所要求的提示仍未能作出。 (A) After reasonable efforts required by this Act not been able to make prompt. 但持票人有理由相信汇票在提示时会遭到退票这一事实,不能免除作必要之提示; But the holder has reason to believe when prompted bill would be subjected to refund the fact does not absolve the prompts as necessary;

  (b)付款人为一虚拟之人; (B) pay people a virtual person;

  (c)对出票人而言,如因受票人或承兑人本人与出票人之间的关系,并无责任对汇票进行承兑或付款,出票人无理由相信汇票将在提示时付款; (C) of the drawer, the acceptor, such as due to vote or the relationship between himself and the drawer has no obligation to carry out acceptance or payment of bills of exchange, drawer no reason to believe that bill will be prompt payment;

  (d)对背书人而言,如汇票的承兑或开立是为背书人取得融资的目的而作出,背书人无理由指望汇票将在提示时付款; (D) of the endorsement of people, such as bill acceptance or opening access to financing for the endorser's purposes, and endorser bill will be no reason to expect prompt payment;

  (e)明示或默示地放弃提示。 (E) expressly or impliedly give tips.

  第四十七条汇票因拒绝付款而遭退票。 47th of bill who were refusing to pay refunds.[page]

  (1)如有下述情形,汇票因拒绝付款而遭退票: (1) The following circumstances, the bill who were refusing to pay a refund:

  (a)如正式提示汇票要求付款时,付款被拒绝或不能获得;或 (A) If a formal request prompt bill payment, payment is refused or not available; or

  (b)当提示被免除时,汇票过期或未付款。 (B) When prompted to be waived, the bill or payment date.

  (2)根据本法规定,如汇票因拒绝付款而遭退票,持票人即获得对出票人或背书人的追索权。 (2) According to the provisions of this Law, such as the bill who were refusing to pay a refund for that ticket holders gain access to the drawer or indorser of recourse.

  第四十八条退票通知和未作通知的后果。 48th of refund notices and did not notice the consequences.

  根据本法规定,如汇票因拒绝承兑或拒绝付款而遭退票,必须向出票人及每一背书人发出退票通知。 Under the provisions of this law, such as bill acceptance or refusal to pay for refusing to refund who were to be endorsed to the drawer and each were issued a refund notice. 如未发此项通知,任何出票人及背书人均可解除责任,但下述情况除外: If not issued such notice, any person may discharge the drawer and the endorsement of responsibility, but the following exceptions:

  (1)汇票因拒绝承兑而遭退票,但退票通知并未发出,则在未发通知之后的汇票正当持票人的权利不因此等遗漏而受损害。 (1) bill acceptance who were refusing to refund, but the refund notice has been issued, if there is no notice after the bill is not the legitimate bearer of rights, etc. Therefore, the omission of the injured.

  (2)如汇票因拒绝承兑而遭退票,且已及时发出退票通知,则无必要对以后的拒绝付款再发退票通知,除非汇票在该时已被承兑。 (2) If the bill who were refusing to refund acceptance, and the refund had been timely given notice, there was no need for a subsequent refusal to pay and then issued a refund notice that unless the bill has been acceptance at that time.

  第四十九条退票通知的规则。 49th of refund notification rules.

  为使退票通知有效和起作用,必须遵循下列规则: In order to refund to inform effective and work, you must follow these rules:[page]

  (1)退票通知必须由持票人或代表持票人之人、背书人或代表背书人之人发出,上述人等是在发通知时对汇票负有责任者。 (1) The notice must refund to ticket holders by or on behalf of holders of the people, endorsed by or on behalf of the endorser were issued, the above-mentioned persons in the draft notice when those responsible.

  (2)退票通知得由代理人以其自己之名义或以有权发此项通知的任何汇票当事人之名义发出,不论此当事人是否是其委托人。 (2) The refund may be authorized by an agent in its own notice of the name or the right of any such notice issued bills of exchange issued in the name of the party, regardless of whether this person is with their clients.

  (3)如退票通知由持票人或代表持票人之人发出,此项通知之效力有利于汇票所有后手持票人和对被通知当事人有追索权的所有前手背书人。 (3) If a refund notice from or on behalf of holders of bearer were issued, this beneficial effect of the notice to all flac ticket holders and money orders to be notified of all parties to have recourse before the hand endorser.

  (4)如退票通知由上述规定之有权作此通知之背书人或代表背书人之人发出,该通知之效力有利于持票人和被通知当事人的所有后手背书人。 (4) If a refund notice from the above provisions shall have the right to make this notification by or on behalf of the endorser endorsed person who issued the notice of the effectiveness of beneficial holders and be notified of all the parties flac indorser.

  (5)退票通知得以书面或个人通知方式作出,并得以任何足以能鉴别该汇票的术语为之,且应表明汇票因拒绝承兑或拒绝付款而遭退票。 (5) The refund notice by written or personal notification would be made and in any sufficient to be able to identify whom the terms of the bill, and should indicate that the bill for refusing to accept or who were refused to pay refunds.

  (6)将退票之汇票退回出票人或背书人,在形式上亦被认为是充分的退票通知。 (6) will be a refund of the money order returned to the drawer or indorser, in the form of refund is regarded as sufficient notice.

  (7)书面通知无需签名,不完整的书面通知得以口头通知的形式加以补充而使之生效。 (7) a written notice need not be signed, written notice of an incomplete form could be supplemented by verbal notification that make them take effect. 对汇票之错误描述不应使通知失效,除非在事实上导致被通知人的误解。 The description of the error on the bill should not inform the failure, unless the person to be notified, in fact, lead to misunderstandings.[page]

  (8)如需向任何人发出退票通知,通知可发给当事人本人或发给代表当事人之代理人。 (8) For a refund to any person issued a notice, notification may be sent to the parties themselves or sent to an agent on behalf of the parties.

  (9)出票人或背书人死亡且为发出退票通知之当事人所知悉,退票通知应向出票人或背书人之遗产管理人发出,如确有此管理人并经合理努力可以找到。 (9) the drawer or indorser is dead and for the issue of the notification by the parties known to refund, refund shall notify the drawer or indorser of the administrator to issue, as they have such a manager and with reasonable diligence, can be found.

  (10)如出票人或背书人破产,退票通知得向当事人本人或受托人发出。 (10) If the drawer or indorser is bankrupt, a refund may notice issued to the parties or the trustee himself.

  (11)如汇票之出票人或背书人为两名或两名以上非合伙之人,退票通知必须发给其中每一人,除非其中一人有权代表其他人接受此项通知。 (11), such as bills of exchange of the drawer or endorsement of two or more non-human partner of the people, refund notification must be sent to each of them, unless one of them is entitled to receive such notice on behalf of another person.

  (12)汇票一经退票得立即发出退票通知,且应在其后的合理时间内发出。 (12) bill a refund may be issued immediately refund upon notification and shall be issued within a reasonable time thereafter. 除下述情况外,若无特殊情况,退票通知不得被认为在合理时间内发出: In addition to the following circumstances, the absence of special circumstances, a refund notice shall not be considered within a reasonable time to issue:

  (a)如通知人与被通知人居住在同一地点,发出或寄送之通知应能及时地在汇票退票日后的次日送达; (A) if the notice is to inform people and people living in the same location, or send notification issued in a timely manner should be able to refund the money orders the next day after delivery;

  (b)如通知人与被通知人居住在不同地点,如该日有适时的邮班,通知应在汇票退票后的次日寄送;如该日无适时的邮班,则应在其后的下一邮班寄送。 (B) if the notice is to inform people and people living in different locations, such as that day there is a timely post classes, notification should be sent the day after the bill refund; if no timely post that day classes should be in the following The next class to send mail.[page]

  (13)如汇票的退票由代理人受理,代理人得由本人向对汇票负有责任的各当事人发出退票通知,或通知其委托人。 (13) If a money order refund received by an agent, the agent by his or her bill to the right of the parties responsible for issuing refund notice, or notification to their clients. 如为通知其委托人,则代理人必须如同持票人一样在相同的时间内向委托人发出通知。 The case of notice to their clients, then the agent must be the same as ticket holders at the same time within the client notice. 委托人一经收到此项通知,亦应在相同时间内发出通知,如同代理人为一独立的持票人。 Client upon receipt of this notice should be notified at the same time, as an agent for an independent holder.

  (14)收到正式退票通知的汇票当事人,一经收到此项通知,须在与持票人遭退票后发出退票通知的相同时间内,向其前手当事人发出此项通知。 (14) received a formal notification of the draft refund the parties, upon receipt of such notice shall be issued a refund and the refund to ticket holders were notified the same time, his former client in hand to issue such notification.

  (15)如退票通知上载明正确的地址,且已经投邮寄出,不论邮局在传递过程中是否误投,可认为寄发人系及时发出退票通知。 (15) If the refund notice set out the correct address, and have been mailed out to vote, regardless of whether the post office had mistakenly voted to pass the course, it could be to send people to inform the Department promptly issued a refund.

  第五十条未发退票通知和退票通知延迟的免责。 50th of notification and a refund is not issued a refund of the exemption notification delay.

  (1)如退票通知的延迟并非为当事人能控制的情况所造成,亦不能归咎于该当事人之怠职、处置不善或疏忽,该当事人可免除责任,但该延迟原因一消失,应以合理努力发出通知。 (1) If the refund is not for the delay in notification of the parties can control the situation caused by, nor can it be attributed to the party of the lazy staff, dispose of mismanagement or negligence, that party can be exempted from liability, but the delay causes a loss should be based on a reasonable effort to notice.[page]

  (2)在下列情况下,退票通知可以免除: (2) In the following cases, the refund notice may be waived:

  (a)虽经合理之努力,本法所要求的通知仍不能发至或未送至应负责任之出票人或背书人; (A) Despite reasonable efforts, the notice required by this Act can not be sent to or sent to the responsible of the drawer or indorser;

  (b)明知或默示放弃退票通知。 (B) knowingly or impliedly waived the refund notice. 可在发出通知前或漏发通知后表示放弃此等通知; Issued a notice may be issued a notice, before or after the leak, said a waiver of such notice;

  (c)凡属下列情况之出票人可免发退票通知: (C) Fan Shu following the drawer may be fat-free Refund Notice:

  ①出票人和付款人为同一人; ① drawer and payment man the same person;

  ②付款人为一虚拟之人或无缔约行为能力之人; ② people a virtual person for payment or non-contracting capacity of the person;

  ③出票人为汇票向其提示要求付款之人; ③ drawer for the bill prompted him to request payment of the person;

  ④付款人或承兑人本人与出票人之间不存在承兑或支付汇票的义务; ④ payer or the acceptor and the drawer I do not exist between the acceptance or payment of a money obligation;

  ⑤出票人撤销支付。 ⑤ drawer withdrawn to pay.

  (d)凡属下列情况之背书人可免发退票通知: (D) Fan Shu endorsement of the following circumstances may dispense Refund Notice:

  ①付款人为一虚拟之人或无缔约行为能力之人,而背书人在为汇票背书时知悉这一事实; ① people a virtual person for payment or non-contracting capacity of the people, while the endorsee endorsement for the bill, when informed of this fact;

  ②背书人为汇票向其提示要求付款之人; ② endorsement of man-made bills prompted him to request payment of the person;

  ③汇票之承兑或作成是为背书人融资之目的。 ③ draft of the acceptance or making for the purpose of financing endorser.

  第五十一条汇票公证记录或拒绝证书。第五十一条bill or reject the certificate of notarial records.

  (1)如国内汇票遭到退票,只要持票人认为合适,得视具体情况对拒绝承兑或拒绝付款作成公证记录。 (1), such as domestic bills of exchange had been a refund as long as the holder sees fit, as the case may refuse acceptance or refusal to pay作成notary records. 但为保留对出票人或背书人的追索权,则无需对此等汇票作成公证记录或拒绝证书。 However, in order to retain the drawer or indorser recourse, no money orders作成notary for such records or reject the certificate.[page]

  (2)如一张表面看来是国外汇票的汇票因拒绝承兑而遭退票,必须及时作出拒绝承兑证书;如汇票因拒绝付款而遭退票,以前又未因拒绝承兑而退票,则应及时作出拒绝付款证书。 (2) Where a foreign bill is prima facie an acceptance of the bill who were refusing to refund, you must refuse to make timely acceptance certificate; such as bill payment who were refusing to refund previously and had not refused acceptance because of the refund, then the shall be made promptly refused to pay the certificate. 如未按此要求办理,则出票人和背书人可解除责任。 If not handled this request, then the drawer and the endorser can be absolved of responsibility. 如汇票从表面看来并非国外汇票,则无需对退票作成拒绝证书。 Such as the bill does not appear from the surface of foreign bills of exchange, no refund作成refusal of the certificate.

  (3)已作成拒绝承兑证书的汇票得在以后作成拒绝付款证书。 (3) The decision has been made of the bill was rejected acceptance certificate作成refused to pay the certificate in the future.

  (4)根据本法规定,如对汇票作出公证记录或作成拒绝证书时,公证记录须在退票日作出,如及时对汇票作成公证记录,则拒绝证书可延至公证记录开始日以后作成。 (4) According to the provisions of this Law, such as bills of exchange made by notarial records or making refuse certificate, notarial records are subject to the refund day and made, such as timely bill作成notarial records, the certificate may be refused until after the date of notarization records began作成.

  (5)如汇票的承兑人在汇票到期日以前破产或丧失清偿能力,或停止付款,持票人得对汇票作成拒绝证书,作为对抗出票人和背书人时取得更好的保障。 (5) If the bill acceptor of a bill before the due date of bankruptcy or insolvency, or cessation of payments, ticket holders were on the bill作成refused certificates as against the drawer and the endorsement of man-hours to achieve better protection.

  (6)汇票须在退票地作成拒绝证书,但如: (6) The bill shall refund to作成refused the certificate, but if:

  (a)一张经邮局提示的汇票在遭退票后通过邮局退回,须在汇票之退回地于退回日对汇票作成拒绝证书,如该退回之汇票系在营业时间内收到;如并非在营业时间内收到,则在不迟于下一营业日作成拒绝证书; (A) a bill prompted by the post office after the refund has been returned by post shall be returned to land at the back of the bill on to the bill作成refused certificates, such as the back of the bill is received within the Department during business hours; if not in business received within the period, then no later than the next business day作成rejected certificate;[page]

  (b)一张以汇票受票人以外之其他人之营业处所或居住地为付款地的汇票因拒绝承兑而遭退票,须在汇票上明确表示之付款地,对汇票作成拒绝付款证书,并无需再向受票人提示付款。 (B) an order to bill the drawee other than the person operating the premises or place of residence as a place of payment of the bill who were refusing to refund acceptance shall be clearly indicated on the bill payment, the right refused to pay the bills作成subsection certificate and tickets were no longer subject to prompt payment.

  (7)拒绝证书须附有汇票副本,且须由作成拒绝证书之公证人签署,记载以下内容: (7) refusing to be accompanied by a draft copy of the certificate and the certificate of the notary public by the作成refused to sign, record the following:

  (a)要求对汇票作成拒绝证书的申请人之姓名; (A) require drafts作成rejected applicant for a certificate of name;

  (b)拒绝证书作成的地点和日期;及作成之原因或理由;提出之要求,以及所给予的回答(如有的话);或无法找到受票人或承兑人之事实。 (B) refuse the certificate made into a place and date; and作成the reason or reasons; proposed requirements, and the answers given (if any); or were unable to find the drawee or acceptor of the facts.

  (8)如汇票遗失或毁灭,或被错误扣留而使有权持有之人无法占有,即得凭汇票副本或说明详情之书面作成拒绝证书。 (8) If money order is lost or destroyed, or wrongful detention Ershi the right to hold the person can not occupy, that is, copies or money order may by virtue Writing is refusing to give details of the certificate.

  (9)如发生任何免于发出退票通知的情况,也可免于作成拒绝证书。 (9) If issued a refund of any notice from the situation, but also from作成reject the certificate. 如造成延迟的原因并非为持票人所能控制,且不能归咎于持票人之怠职、处置不善或疏忽,则持票人对延迟作成公证记录或拒绝证书可免除责任。 If not for the reason for the delay caused beyond the control of ticket holders, ticket holders of the lazy and can not be attributed to the post of disposal of mismanagement or negligence, then the holder of record of delay or refusal作成notary certificate may exclude liability. 但延迟原因一经消失,应以合理之努力作成公证记录或拒绝证书。 However, the reasons for a delay by the disappearance should be based on reasonable efforts to作成notarial records or reject the certificate.[page]

  第五十二条持票人对受票人或承兑人应负之责。 52nd of the drawee or the holder of the acceptor should bear the responsibility.

  (1)如汇票已获一般承兑,为使承兑人对汇票负责,并非必须提示付款。 (1) If the bill has been a general acceptance, in order to bill acceptor pairs responsible for do not have to prompt payment.

  (2)如按保留承兑的条件,持票人必须提示付款,如若汇票未明确规定,承兑人不能在汇票到期时因未提示付款而解除责任。 (2) If the conditions for acceptance by reservation, ticket holders must be prompt payment, should the bill does not expressly provided in the bill acceptor can not be due for payment due to you are not prompted to discharge the responsibility.

  (3)为使汇票承兑人对汇票负责,并非必须要对汇票作成拒绝证书或向承兑人发出退票通知。 (3) In order to bill acceptor on the bill in charge, do not have to be on the bill acceptor作成refusal to issue a certificate or a refund notice.

  (4)如持票人提示付款,应向被要求付款之人展示汇票,在获得付款后,持票人须将汇票立即交付给该付款的当事人。 (4) If the holder prompt payment, payment shall be required to show others the bill in payment, the holder shall pay bills for immediate delivery to the party.

  当事人之责任 Responsibility to the parties

  第五十三条受款人手中的资金。 53rd funds in the hands of the payee.

  (1)就汇票本身而言,不能作为过户证书而将受票人手中持有以备付汇票之资金过户转让,如汇票受票人未按本法要求对汇票承兑,即对汇票不负责任。 (1) The bill itself, can not serve as transfer certificates will be holding the hands of the drawee to pay bills in preparation for the transfer of funds transfers, such as bills of exchange the drawee of the bill fails to require acceptance of this law, namely, live drafts责任. 但此款规定在苏格兰不适用。 However, with this provision does not apply in Scotland.

  (2)在苏格兰,如汇票受票人手中持有以备付汇票之资金,则在向受票人提示汇票时,可作为过户证书而将汇票上所开列之金额过户转让给持票人。 (2) In Scotland, such as the bill to hold the hands of the drawee to pay bills in preparation for the funds in the bill to the drawee, when prompted, can be used as transfer certificates will be listed on the bill transfers the amount transferred to the bearer.[page]

  第五十四条承兑人的责任。 54th of acceptor responsibility.

  汇票的承兑人,在其承兑汇票后,即: Acceptor of a bill, after its acceptance bills, namely:

  (1)根据承兑的文义,保证对汇票付款。 (1) According to the letter acceptance to ensure the money order.

  (2)不能向正当持票人否认: (2) can not be denied to the holder in due course:

  (a)出票人的存在;签名之真实性;开立汇票之行为能力和权力; (A) the existence of the drawer; signature of authenticity; the opening bill of the capacity and power;

  (b)如汇票付给出票人的指定人,则不能否认出票人背书的行为能力,但对背书的真实性和有效性不负鉴定之责。 (B) If money order payable to the drawer's nominee, you can not deny the endorsement of the drawer capacity, but the authenticity and validity of the endorsement of the responsibility to live up identification. 如汇票付给第三人的指定人,则不能否认受款人的存在及背书人的行为能力,但对背书的真实性和有效性不负鉴定之责。 If money order payable to third party nominee, you can not deny the existence of the payee and the indorser capacity, but the endorsement of the authenticity and validity of the responsibility to live up identification.

  第五十五条出票人和背书人的责任。 55th of the drawer and indorser's responsibility.

  (1)出票人在开立汇票后,即: (1) The drawer in the opening after the draft, namely:

  (a)保证按汇票文义在其正当提示时被承兑或付款。 (A) by ensuring the draft text in its proper meaning when prompted by acceptance or payment. 如汇票遭到退票,则在对退票已履行必要之手续后,将对持票人或任何被迫付款之背书人作出赔偿; Such as the bill was a refund for refunds in the right to have fulfilled necessary formalities, will be forced to pay the holder or any endorser to make compensation;

  (b)不能向正当持票人否认受款人之存在及其当时背书之行为能力。 (B) the payee is unable to deny the existence of holder in due course and then endorsed the capacity to act.

  (2)汇票背书人在对汇票作出背书后,即: (2) A bill making endorsement endorsement in right after the bill, namely:[page]

  (a)保证按汇票文义在其正当提示时被承兑并付款。 (A) by ensuring the draft text in its proper meaning when prompted by acceptance and payment. 如汇票遭到退票,则在对退票已履行必要之手续后,将对持票人或被迫付款之后手背书人作出赔偿; Such as the bill was a refund for refunds in the right to have fulfilled necessary formalities, will be holders or be forced to pay compensation after the hand-endorser;

  (b)不能向正当持票人否认出票人的签名及所有前手背书在各方面的真实性及合法性; (B) can not be denied holder in due course to the drawer's signature and endorsement of all the former hand in all aspects of authenticity and legitimacy;

  (c)不能向其直接的或以后以被背书人否认汇票在其背书时是有效和实际存在的,以及当时其对汇票有效的所有权。 (C) can not be directly or after its order was denied endorsement endorsement in his bill is effective and real time, as well as effective at that time ownership of their bills.

  第五十六条非当事人在汇票上签名与背书人负相同之责。 56th Article of non-parties to sign the bill and endorsement of people held the same responsibility to investigate.

  如汇票上的签名由出票人或承兑人以外的其他人作出,此人即对正当持票人负背书人之责。 If the signature on the bill by the drawer or acceptor other than the person that this person that is the legitimate holder of the person responsible for a negative endorsement.

  第五十七条对汇票遭退票之当事人索赔损失之衡量办法。 57th article of the bill was a refund of the parties to the claim of loss measurement.

  如汇票遭退票,对应予赔偿损害之衡量办法如下: Such as the bill was a refund of the compensable injury measurements are as follows:

  (1)持票人得向对汇票负责之任何当事人取得偿付;被迫付款之出票人得向承兑人取得偿付;被迫付款之背书人得向承兑人或出票人或其前手背书人取得偿付。 (1) The holder may be responsible to the right of any party to obtain money orders to pay; forced payment to the acceptor the drawer may obtain payment; were forced to get to the payment of the endorser or drawer, or acceptor people to obtain endorsement of his former hand-pay. 此项应偿付的款项包括: The amount to be paid include:[page]

  (a)汇票金额; (A) the amount of money orders;

  (b)如为见票即付汇票,则从提示付款日起计算利息。 (B) the case of bills of exchange payable on demand, from the prompt interest from the date of payment. 在其他任何情况下,自汇票到期日起计算利息; In any other case, since the bill due date of interest;

  (c)作成公证记录之费用,或如必须作成拒绝证书而拒绝证书已经作成者,则包括作成拒绝证书之费用。 (C)作成notarial records of the costs, or if the certificate must be作成refused to those who refused the certificate has already shipped, then the cost of the certificate, including作成rejected.

  (2)如汇票在国外遭到退票,持票人得向出票人或背书人,以及被迫付款之出票人或背书人要求对之负责的任何当事人偿付再兑换之金额,连同直至付款日的该金额之利息,以补偿上款所述之损失。 (2) If the bill had been abroad, refund, ticket holders get to the drawer or indorser, and the forced payment of the drawer or indorser require any party responsible for payment of another transaction amount, together with up to the date of payment of the amount of the interest rate to compensate for the loss as described in the preceding paragraph.

  (3)如依照本法可追偿利息作为损失之赔偿,此项利息如出于公正考虑,得全部或部分予以扣留。 (3) If in accordance with this Law may recover interest as compensation for losses, this interest rate, such as for fair consideration, in whole or in part, to be detained. 如汇票明确规定付款应包括按一定利率计算的利息,则作为赔偿损失的利息可以按照或不按照相同利率作为合适之利率给付。 Such as bill payment should include clearly defined by a certain rate of interest, then, as compensation for the loss of interest can follow or not follow the same interest rate as the appropriate interest rate payments.

  第五十八条交付汇票之转让人和受让人。 58th Article of the assignor and the assignee delivery of bills of exchange.

  (1)如来人汇票之持票人以交付方式而不以背书方式流通转让汇票,该持票人被称为“交付转让人”。 (1) If the holder of the bearer bill to delivery rather than to endorse the transfer of bills of exchange in circulation means that the bearer has been referred to as "the delivery of the transfer of people."[page]

  (2)交付转让人对汇票不负责任。 (2) Delivery of the assignor to the bill irresponsible.

  (3)交付转让人流通转让汇票后,即向其作为付对价持票人之直接受让人保证所转让之汇票即为所声称有权转让之汇票,且在转让时不知有任何致汇票无价值之事实。 (3) Delivery of the assignor, after circulation of the transfer of bills of exchange, that is paid to the price of their ticket holders, as the direct assignee shall guarantee the transfer of the bill claimed the right to assign the bill, and I wonder if there is any time of the assignment caused by money order without the fact that value.

  汇票责任的解除 Discharge of liability bill

  第五十九条正当付款。 59th of proper payment.

  (1)受票人或承兑人,或代表受票人或承兑人之人,对汇票之正当付款,即解除汇票之责任。 (1) where the drawee or acceptor, or on behalf of the drawee or acceptor of the people, for the proper bill payment, money orders or discharge of the responsibility.

  “正当付款”指在汇票到期日或到期日后善意地对汇票之持票人付款,并不知持票人对汇票之所有权有任何瑕疵。 "While payment" means bills of exchange due date or the due date of the bill in good faith payment to ticket holders, and ticket holders do not know the title of the bill have any flaws.

  (2)除本法下文另有规定外,如汇票之付款由出票人或背书人作出,汇票责任并不解除,但: (2) Except as otherwise provided below, this Law, such as bill payment made by the drawer or indorser, bills of responsibility does not lifted, provided that:

  (a)如出票人对付与第三人或第三人之指定人的汇票作出付款,出票人得要求汇票承兑人付款,但不能再行发出汇票。 (A) if the drawer to deal with a third person or third person designated person to make the bill payment, bill acceptor drawer may require payment, but you can not re-issued bills of exchange.

  (b)如汇票由背书人付款,或一张付与出票人指定人的汇票由出票人付款,付款当事人重新取得先前对承兑人或前手当事人的权利。 (B), such as bill payment from the endorser, or a nominee of the bill was paid by the drawer the drawer for payment, payment for the parties to regain the previous hand-acceptor or former client's rights. 如认为合适,可涂销自己和后手之背书并再次流通转让汇票。 Where appropriate, they can be wiped clean themselves and their way of escape and re-circulation of the endorsement of the transfer of bills of exchange.[page]

  (3)如融通汇票由融通人正当付款,汇票责任即行解除。 (3) If by factoring bill factoring to the legitimate payment, bill to lift the responsibility of the line.

  第六十条银行支付即期汇票上之背书出于伪造。 60th of sight draft on the bank to pay for forged endorsements.

  如一张付与指定人之即期汇票以银行为受票人,且银行在正常营业过程中对汇票善意地作出付款,银行无责任表明受款人之背书或任何后手背书是据称由汇票上背书之人所作,或根据其授权所作,即使此等背书出于伪造或未经授权,亦应认为银行正当地对汇票作出付款。 Was paid as a nominee of the demand draft to the drawee bank, and banks in the ordinary course of business in good faith to make payments on the bills of exchange, the banks no obligation to show the payee's endorsement, or any way of escape is the alleged endorsement by the bill endorsed by the person, or made in accordance with its mandate, even if such an endorsement because of forged or unauthorized, should be that banks are local to the bill to make payment.

  第六十一条汇票到期日之承兑人和持票人。第六十一条maturity date of the bill acceptor and ticket holders.

  当汇票承兑人在汇票到期或到期后,就其本人权利而言,即成为持票人,对汇票之责任亦告解除。 When the bill acceptor in the bill expired or after the expiration of the rights of its own terms, that is, become a holder on the bill of responsibilities are precluded.

  第六十二条明示弃权。 62nd of an express waiver.

  (1)如汇票持票人在到期日或到期日后,绝对地和无条件地放弃其对承兑人之权利,汇票责任即告解除。 (1) If the bill holder after the due date or maturity, absolute and unconditional right to give up its right acceptor, bill of exchange liability to be lifted.

  弃权须以书面作成,除非将汇票交付给承兑人。 Abstentions shall be made in writing, unless the money order delivered to the acceptor.

  (2)持票人可以同样的方式在汇票到期前、到期时或到期后撤销任何汇票当事人对汇票应负之责,但本条不影响未收到弃权通知之正当持票人之权利。 (2) The holder may be in the same manner before the expiry of the bill, at maturity, or revoke any bills after the expiration of the parties to the bill should bear the responsibility, but did not receive this waiver does not affect the legitimate holder of the rights of the notification .[page]

  第六十三条涂销。 63rd of Obliteration.

  (1)如汇票被持票人或其代理人故意涂销,且涂销十分明显,汇票责任即告解除。 (1) If the bills of exchange were holders or their agents deliberately wiped clean, and Obliteration is clear, the responsibility bill to be lifted.

  (2)任何对汇票负责之当事人得以同样方式经持票人或其代理人故意涂销其签名而告解除责任。 (2) of the parties responsible for any bill to be in the same manner by the holder or his agent intentionally wiped clean, came to discharge the responsibility of its signature. 在此情况下,任何对被涂销签名之当事人具有追索权之背书人的责任即可解除。 In this case, any sign of the party being wiped clean with a recourse liability of the indorser can be lifted.

  (3)无意的或错误的或未经持票人授权的涂销不生效。 (3) has no intention or mistake, or without the authorized holder Obliteration not take effect. 但如汇票或其上之签名看来已被涂销,则宣称该涂销是无意的、错误的或未经授权之当事人应负举证责任。 However, if the bill or on the signature appears to have been wiped clean, then the claim that the Obliteration is unintentional, error, or unauthorized party bears the burden of proof.

  第六十四条汇票之更改。 64th draft of the changes.

  (1)如未经对汇票负责之所有当事人之同意而对汇票或承兑作重要更改,汇票即属无效,但对自己作出、授权或同意此等更改之当事人及其后手背书人仍属有效。 (1) of the bill without the consent of all parties in charge of the right to make important changes to bills of exchange or acceptance, bills of exchange shall be void, but the right to make their own, authorization or consent of the parties and their way of escape of these changes remain endorser effective.

  倘若汇票已作重要更改,但更改并不明显,且汇票为正当持票人所持有,则该持票人可将汇票作为并未更改而行使其权利,且得按汇票原有意向要求付款。 If the bill has already made important changes, but change is not obvious, and the bills held by the holder in due course, then the holder can be no changes to bills of exchange as the exercise of their rights, and was the original intention to request payment by money order .[page]

  (2)下述各项更改应属重要更改。 (2) the following changes should be an important change. 即,任何日期、应付金额、付款时间、付款地之更改,及如汇票已被一般承兑,未经承兑人同意而加列付款地。 That is, any date, the amount due, payment time, payment to the changes, and if the bill has been a general acceptance, without the acceptor's consent to add place of payment.

  参加承兑和参加付款 Acceptance and participation in payment

  第六十五条对已作成拒绝证书的汇票参加承兑。 65th Article of the draft decision has been made refusal to participate in the certificate acceptance.

  (1)如对一张因拒绝承兑而遭退票的汇票作成拒绝证书,或为取得更好保障而对汇票作成拒绝证书,且此汇票未过期,则经持票人同意,任何非对汇票已负责的当事人可为了对汇票负责之任何当事人或开立汇票之帐户人之信誉而对已作拒绝证书之汇票参与并承兑。 (1) If an acceptance for refusing to refund the money order作成who were refused the certificate, or to obtain better protect against drafts作成refused the certificate, and this bill has not expired, then by the consent holder, any of the bills have been responsible party may be responsible for any of the parties to the bill or bills of exchange opened the credibility of the account holders have been made against the bill refuse to participate in and acceptance certificate.

  (2)可仅对汇票的部分金额参加承兑。 (2) can be only part of the amount of money orders to participate in acceptance.

  (3)为使已作成拒绝证书的汇票参加承兑有效,必须: (3) In order to reject the certificate draft decision has been made to participate in acceptance effective, must:

  (a)书写在汇票上且表明参加承兑; (A) written on a bill and states that those acceptances;

  (b)由参加承兑人签字。 (B) signed by the participating acceptor.

  (4)如未明确指明被参加承兑人之姓名,则可视为出票人参加承兑。 (4) if no clear indication was to participate in the acceptor's name, may be considered as acceptance to participate in the drawer.

  (5)如参加承兑为见票后付款之汇票,则汇票之到期日从因拒绝承兑而作成公证记录之日起算,而非从参加承兑日起算。 (5) If participants see the votes on acceptance of bill payment, then the bill from the due date of acceptance and作成for refusing to record the date of notarization, rather than from the date of acceptance to participate.[page]

  第六十六条参加承兑人的责任。 66th of the acceptor for honor's responsibility.

  (1)倘若参加承兑人收到通知,知悉受票人对已作正当提示付款的汇票不予付款,并已作成拒绝付款证书,参加承兑人由于承兑该汇票,即保证在汇票正当提示时将根据承兑文义对汇票付款。 (1) If notification is received by the acceptor for honor, I know that the drawee has been made due to the prompt payment of bills not to pay, and the decision has been made refused to pay the certificate to participate due to acceptance of the bill acceptor, which is to ensure when prompted in the bill proper meaning of the text will be based on acceptance of payment money order.

  (2)参加承兑人对持票人和被参加承兑人之所有后手当事人负有责任。 (2) The acceptor of the holder to participate in and be the acceptor for honor of all the parties responsible for flac.

  第六十七条向参加承兑人提示汇票。 67th of prompts to attend the bill acceptor.

  (1)如遭退票之汇票已被参加承兑,或有关于预备付款之记载,则必须在向参加承兑人或预备付款人提示付款之前,作成拒绝付款证书。 (1) If a refund of the money order had been acceptance has been to participate in, or on the preparation of payment records, you must be prepared to participate in the acceptor or payer before the prompt payment,作成refused to pay the certificate.

  (2)如参加承兑人的地点与拒绝付款证书作成地相同时,汇票必须在不迟于到期日的次日向参加承兑人提示;如参加承兑人的地点与拒绝付款证书作成地相异时,汇票必须在不迟于到期日的次日送出,以便向参加承兑人提示。 (2) If the location of the acceptor for honor and refused to pay the certificate作成to the same, the bill must be no later than the day after the due date to attend the acceptor tips; such as the location of the acceptor for honor and refused to pay the certificate作成entirely different, the bill must be no later than the day after the due date sent, in order to participate in acceptor tips.

  (3)如对延迟提示付款或不作提示付款可予宽恕的情况发生于向参加承兑人延迟提示或不予提示时,同样可以宽恕,持票人对延迟提示或不作提示可予免责。 (3) If the delay prompt payment or prompt payment can be no forgiveness to happen in the acceptor to the participants or not delay prompt when prompted, the same can be forgiven, or non-ticket holders are prompted for the delay may be prompted to avoid responsibility.[page]

  (4)当汇票遭参加承兑人退票时,对参加承兑人必须作出拒绝付款证书。 (4) When the bill acceptor has been to participate in refund, the right to participate in acceptor refused to pay the certificate must be made.

  第六十八条对已作成拒绝证书之汇票参加付款。 68th Article of the draft decision has been made refusal to participate in the certificate of payment.

  (1)如汇票已被作成拒绝付款证书,则任何人可为了对汇票负责之任何当事人或委托开立汇票人之信誉而对已作拒绝证书之汇票参与并付款。 (1) If the bill has been作成refused to pay the certificate, any person may order any party to the bills of exchange or commission is responsible for the opening of the credibility of the bill who have been made against refusal to participate in the certificate and pay bills of exchange.

  (2)如两名或两名以上的人为不同之当事人提供支付汇票之票款,则就该项付款能解除最多的汇票当事人责任者为享有优先权。 (2) If two or more people to pay the bill for parties different from the ticketed, then for the payment of the bill can be lifted up to the party responsible for the given priority.

  (3)对已作成拒绝证书的汇票参加付款,如需作为不仅是自愿付款而是参加付款,还必须对参加行为作出公证,以资证实。 (3) The right decision has been made of the bill refuse to participate in the certificate of payment, and if, as not only payment but rather to participate in a voluntary payment, must also participate in notarial acts are provided for confirmation. 此项内容可附加在拒绝证书之上,或作为拒绝证书的补充。 This content can be added on top of refusing the certificate, or refuse the certificate as a supplement.

  (4)对参加行为所作的公证须以参加付款人或其代理人所作的声明书为基础,该声明书应表明其参加付款的意图,以及被参加付款人之姓名。 (4) The right to participate in the notarial act shall be to participate in the payer or his agent, based on the statement, the statement should indicate their intention to participate in payment, as well as the name was to participate in the payer.

  (5)如汇票被参加付款,所有被参加付款人的后手当事人均被解除责任,而持票人对被参加付款人和所有对其负有责任的当事人的权利和义务,由参加付款人取代和继受。 (5) If the bill were to participate in payment, all parties to participate in the payer's way of escape were absolved of responsibility, while the holder to participate in the payer being responsible for all of its rights and obligations of the parties, by to participate in place and step-by payer.[page]

  (6)参加付款人向持票人支付汇票金额和退票项下的公证费后,有权取得汇票和拒绝证书。 (6) to participate in the payer to pay the bill amount and the refund to ticket holders under the notary fee, have access to drafts and rejected the certificate. 如经要求,持票人未能交出汇票和拒绝证书,应对参加付款人负赔偿之责。 If requested, holder failed to surrender money orders and refused a certificate to participate in the payer should bear the compensation responsibility to investigate.

  (7)如汇票持票人拒绝接受在作成拒绝证书后之参加付款,将丧失对任何因作出此项付款而原可解除责任之当事人之追索权。 (7) If the holder refuses to accept the bill作成after refusing to participate in the certificate of payment, will lose any right to make such payment due to the discharge of the parties could have the right of recourse.

  票据之丧失 Notes of the loss of

  第六十九条丧失汇票之持票人有权取得副本汇票。 Article 69th loss of the bearer the right to obtain copies of bills of exchange bills of exchange.

  如汇票在其丧失之时尚未过期,该汇票之持票人得要求出票人出具另一同样文义的汇票。 Such as bills of exchange at the time of its loss has not yet expired, the bill issued to ticket holders may request the drawer to another the same meaning of the draft text. 如有要求,应向出票人提供担保品,以赔偿出票人在声称丧失之汇票重又发现时因需对任何人负责而遭受的损失。 If requested, should the drawer to put up collateral to compensate for the loss of the drawer of the bill claims that he is again found that due to the need of any person responsible for the loss suffered.

  如向出票人提出上述要求而被拒绝出具副本汇票,得强使出票人如此办理。 If the drawer, to make this request was refused a copy of money orders issued, may oblige the drawer so handled.

  第七十条对丧失汇票的诉讼。 70th Article of the loss of draft proceedings.

  在就汇票进行诉讼或控告时,如已向法庭或法官提供其认为满意之赔偿保证以应付任何人对丧失票据提出之权利主张,法庭或法官得下令:票据之丧失不应成为抗辩之理由。 Legal proceedings on the bill or complaint, such as has the court or judge provide the satisfaction of the indemnity to meet any person for the loss of the Notes proposed claim, the court or judge may order: Notes of the loss should not be a defense of justification.[page]

  成套汇票 Complete Draft

  第七十一条成套汇票之规则。第七十一条sets of draft rules.

  (1)如汇票以成套形式开立,则全套中的每张汇票须编列号码,且应载有涉及其他各张之内容。 (1) If the bill in order to complete the form to open, then the full set of column numbers for each money order shall be prepared, and should contain content related to the other Zhang. 各张汇票之全体构成汇票。 The sheets of the entire bill constitutes a money order.

  (2)如成套汇票之持有人将两张或两张以上之汇票背书于不同的人,则各张汇票成为单独之汇票,背书人对每张汇票均应负责,其后各后手背书人对各自所作背书也应负责。 (2) If the holder of the bill sets of two or more of the bill endorsed in the two different people, then the sheets of bills of exchange as a separate bill, endorser on each bill should be responsible for the subsequent endorser flac should also be made by endorsement on their respective responsibility.

  (3)如两张或两张以上的汇票流通转让给不同的正当持票人,在此类持票人间,最先得到所有权者被认为是汇票的真正所有人。 (3) If two or more bills of exchange in circulation two transferred to a different holder in due course, in such holder, the first to obtain ownership were considered to be the true owner of bills of exchange. 但此项规定不影响承兑人或付款人的权利,如第一张汇票经提示时,在正当情况下,承兑人或付款人对汇票得作出承兑或付款。 But this shall not affect the acceptor or payer's rights, such as bills of exchange after the first prompt, in proper cases, the acceptor or payer of the bills was made by acceptance or payment.

  (4)可对任何一张汇票承兑,但承兑必须仅在一张汇票上作成。 (4) can be on any one bill acceptance, but acceptance must be only one bill on the作成. 如受票人对超过一张的汇票承兑,且该已被承兑的汇票为不同的正当持票人所持有,则各该汇票成为单独之汇票,承兑人应对各张汇票负责。 If the drawee of the drafts of more than one acceptance, and that has been acceptance of the bill to a different holder in due course held, then all of the bill as a separate bill, Zhang bill acceptor should all be responsible.[page]

  (5)当承兑人对成套汇票之一张作出付款,但未要求将记载该承兑的汇票交付,而在到期日该未收回之汇票为正当持票人所持有,承兑人应对持票人负责。 (5) When the acceptor of a bill on the package to make payment, but did not require recorded delivery of the acceptance of the bill, and in the maturity of the non-recovery of bills held by the holder in due course, deal with acceptor holder is responsible for.

  (6)根据上述规则,如开立的成套汇票中的任何一张因付款或其他原因而解除责任,则所有各张汇票均被解除责任。 (6) In accordance with the above rules, such as the open sets in any of a bill payment or other reasons due to the discharge, then the bill were to lift all responsibility Zhang.

  法律上的冲突 Conflict of laws

  第七十二条法律冲突规则。 72nd of conflict of laws rules.

  如汇票在一国开立,而在另一国流通、承兑、付款,则汇票各当事人之权利、责任、义务按如下规定决定: Such as bills of exchange to open in one country, while in another country circulation, acceptance, payment, money orders the parties of the rights, responsibilities and obligations of the decision according to the following provisions:

  (1)汇票要项之格式之有效性,由出票地法决定;诸如承兑或背书或对已作成拒绝证书的汇票的承兑等伴随合约要项之格式之有效性,由合约缔结地法决定。 (1) A bill to be items of the format validity of the law of the decision by a vote; such as the acceptance or refusal to endorse the certificate or the decision has been made of the acceptance of bills of exchange and other items associated with the contract to the validity of the format, from the conclusion of the contract to France decided. 但: That:

  (a)如汇票非在英国开立,则并不仅因汇票未根据出票地法贴印花税而使汇票无效; (A), such as bills of exchange of non-opened in the UK, it is not just a vote for bills not in accordance with the law of stamp affixed Ershi bill null and void;

  (b)如汇票非在英国开立,但汇票要项之格式符合英国法律,则该汇票在英国之流通转让人、持有人、或汇票当事人之间视为有效,并能达到执行支付之目的。 (B), such as bills of exchange of non-opened in the United Kingdom, but the key elements of the format of bills of exchange in line with British law, then the bill of the circulation of the assignor in the United Kingdom, holder, or money order to be valid between the parties, and can achieve the purpose of implementation of payments .[page]

  (2)根据本法规定,对汇票之开立、承兑或对已作成拒绝证书的汇票之承兑的解释,由各该合约缔结地法决定。 (2) According to the provisions of this Law, the drafts of the opening, acceptance or refusal of the decision has been made of the acceptance certificate of the draft interpretation of the conclusion of the contract by the law of the decision.

  但如一张英国国内汇票在国外背书,则对付款人而言,背书之解释应遵循英国法律。 However, if a British domestic money orders in foreign endorsement, then the right payer, the endorsement of the interpretation to be followed in English law.

  (3)持票人对提示承兑或提示付款之责任和拒绝证书或退票通知之是否必要或充分,或其他事项,由行为地或退票地法决定。 (3) The holder of the prompt acceptance or responsibility for prompt payment and denial of a certificate or a refund if notification is necessary or sufficient, or other matters, by the act or in the law of refund decision.

  (4)如汇票非在英国开立,但在英国付款,而付款金额又未以英国货币表示,则如无明确规定,付款金额应按照付款地在付款日之即期汇票外汇汇率计算。 (4) If the bill of non-opened in the UK, but payment in the UK, while the payment amount is not yet in the UK currency, then the absence of clearly defined, amount of payment shall be in accordance with the date of payment of demand draft foreign exchange rates.

  (5)如汇票在一国开立而在另一国付款,汇票的到期日由付款地法决定。 (5) If money order in a country in another country to open for payment, bills of exchange due date decided by the method of payment.

  第三节对银行开立之支票 Section III of the bank to open up the check

  第七十三条支票之定义。 Check the definition of 73rd.

  支票是以银行为付款人的凭票即付之汇票。 Check is based on banks of the bill payer's pay and display on demand. 除本节另有规定外,凡适用于凭票即付之汇票之本法条文也适用于支票。 Except as otherwise provided in this section, where applicable of the drafts of the ticket-you-go provisions of this Act also applies to check.

  第七十四条支票之提示付款。 74th Article of the prompt payment check.[page]

  除本法各项另有规定外: Except as otherwise provided in this Law, the:

  (1)如支票未能在开立后之合理时间内提示付款,而支票之出票人或帐户人有权在支票提示时,按其与银行之约定,使支票付讫,但由于延迟提示而遭受实际损失,则其可按所受损失之程度被解除责任,即作为银行债权人之出票人或帐户人所持有之债权额大于该支票被付讫后所持之债权额,则就该超过部分可被解除责任。 (1) If the check fails to open within a reasonable time after prompt payment, the drawer of the check or the account holders have the right to check when prompted, according to their agreement with the bank, so check postpaid, but because of delays prompted the actual loss suffered, then its loss may be the extent of the discharge, that is, as the bank creditors of the drawer or an account held by the person is greater than the amount of the claim after the check has been paid in full the amount of claims held by, then in respect of more than Some can be absolved of responsibility.

  (2)在决定何为合理时间时,应考虑票据之性质、商业和银行惯例,以及具体案例的事实。 (2) In determining what is a reasonable time, should take into account the nature of bills, commercial and banking practices, as well as specific case facts.

  (3)支票的出票人或帐户人被解除责任后,该支票之持有人应取代出票人或帐户人成为银行的债权人,对被解除责任之金额,有权要求银行偿付。 (3) Check the drawer or the account had been dismissed from duty after the holder of the check of the account holders should be replaced by the drawer or a bank's creditors, the amount of the liability was removed from the right to require banks to pay.

  第七十五条撤销对银行的授权。 75th of the withdrawal of bank licenses.

  银行支付由其客户开立的以该银行为受票人的支票的责任和授权,将在下列情况下终止: Bank to pay its clients opened to the drawee bank's responsibility and authority checks will be terminated under the following circumstances:

  (1)付款的取消。 (1) The cancellation of payment.

  (2)客户死亡的通知。 (2) Customer death notice.

[page]

  划线支票 Crossed Check

  第七十六条一般和特别划线的定义。 76th of general and special crossed definition.

  (1)如支票在跨越其票面上有下列加注,即构成划线,支票亦就成为一般划线支票: (1) If the check across the following notation on its face, constitutes a crossing, check also become a general crossed check:

  (a)在两条平行线之间载有“和公司”字样或任何编语,加上或不加上“不得流通”字样;或 (A) between the two parallel lines containing the "and company" words or any compiled language, coupled with or without the words "no flow" indication; or

  (b)仅仅为两条平行线,加上或不加上“不得流通”字样。 (B) only for the two parallel lines, coupled with or without the words "no flow" indication.

  (2)如支票在跨越其表面上加注银行名字,加上或不加上“不得流通”字样,这一加注即构成了划线,支票就成为特别划线给该银行的支票。 (2) If the check at the bank across its surface, add the word name, with or without the words "no flow" character, the filling constitutes a crossed check to become a special crossed to the bank's check.

  第七十七条出票人划线或支票在开出后划线。第七十七条crossed or check in the drawer after the dash out.

  (1)支票可由出票人作成一般划线或特别划线。 (1) The check may be crossed generally or special drawer作成crossed.

  (2)如支票未经划线,持票人可作成一般划线或特别划线。 (2) If the check without the dash, holders could be made into a general or special crossed crossed.

  (3)如支票已作成一般划线,持票人可作成特别划线。 (3) If the check decision has been made a general crossed, holders could be made into special dash.

  (4)如支票被一般划线或特别划线,持票人可加上“不得流通”字样。 (4) If the check has been crossed in general or special dash, allows holders the words "no flow" indication.

  (5)如支票已被特别划线,被特别划线的该银行作为托收,可再将支票特别划线给另一银行。 (5) If a check has been crossed in particular, were crossed to the bank as a special collection can be crossed and then check to another bank in particular.[page]

  (6)如一张未划线的支票或一张一般划线支票寄给银行以作托收,银行可将此支票特别划线给本行。 (6) If one has not crossed a check or a check sent to banks in general crossed for collection, the bank can use this check to the Bank in particular crossed.

  第七十八条划线是支票的重要部分。 78th of crossed is an important part of the check.

  本法准许的划线是支票的重要部分。 Law permitted crossed an important part of a check. 任何人涂抹划线,或除非为本法所准许加列或改变划线,都是非法的。 Any person who crossed smear, or unless permitted by this Act to add or change the dash, is illegal.

  第七十九条银行对划线支票的职责。 79th of banks crossed check responsibilities.

  (1)如支票特别划线给超过一家银行,除非划线给其托收代理的银行,否则受票银行得拒绝付款。 (1) If more than one check in particular crossed to the bank, unless it crossed the bank to its collection agent, or the drawee bank had refused to pay.

  (2)如划线支票的受票银行仍对这类支票作出付款,或将一般划线支票支付给银行以外的其他人,或将特别划线支票支付给划线的该银行以外或其托收代理的银行以外的其他人,应对由于此等付款而使支票真正所有人遭受的任何损失负责。 (2) If a crossed check the drawee banks still make payment of such check, or to the general crossed check payable to persons other than banks, or in particular crossed crossed check payable to the bank or its outside collection agents other than banks who deal with these payments due to the true owner of a check Ershi responsible for any loss suffered.

  但如支票在其提示付款时看来未经划线,或虽经划线已被涂抹,或未经本法准许加列或改变,银行对支票的付款系善意且并无疏忽,则银行对之不负责任,也不承担任何义务。 However, if a check appears in its prompt payment without a dash, or, having been crossed has been coated, with or without permission to add or change this law, the banks of the check payment system in good faith and without negligence, then the Bank of irresponsible, nor any obligation. 银行之付款不因下述原因而被查问:支票已被划线,或划线被涂抹,或未经本法准许加列、更改,以及将票款付给银行以外,划线的该银行以外,或根据具体情况其托收代理的银行以外之其他人。 Bank payment shall not be questioned for the following reasons: check has been crossed, or crossed was painted, or without this law permitted to add, change, as well as ticketed paid to non-bank, crossed the bank outside, or under the specific circumstances of its collection agents of banks other than the others.[page]

  第八十条划线支票对银行和出票人的保护。 80th of crossed checks on banks and the protection of the drawer.

  如划线支票的付款银行善意且无疏忽地对支票作出付款。 If the paying bank crossed check in good faith and without negligence to make payments on the checks. 如为一般划线,向银行付款;如为特别划线,向划线的该银行或其托收代理的银行付款。 For general crossed to the bank for payment; the case of special dash to the line of demarcation and the bank or its collection agent bank for payment. 对支票作出付款的银行和出票人(如支票已为受款人所持有)分别享有之权利和所处之地位与票款已付给支票的真正所有人时同。 Check to make payment to the bank and the drawer (such as the check has already held by the payee) are situated to enjoy the rights and status of the Ticket has been paid to the same checks when the true owner.

  第八十一条划线支票对持票人的影响。第八十一条crossed check the impact on the bearer.

  如某人取得一张载有“不得流通”字样的划线支票,并不享有也不能给予较其直接前手获得的对支票的更好的权利。 If a person to obtain a set of "not negotiable," the words crossed check, does not have also not given a more direct access to the right before the hand-check better rights.

  第八十二条对托收银行的保护。 82nd article of the collection bank protection.

  如银行善意地和无疏忽地代其客户收取一般划线支票或特别划线给该行的支票票款,而该客户对此款项并无权利或权利存有瑕疵,则银行并不仅因收取此等款项而对支票的真正所有人负责。 Such as banks and non-negligent good faith on behalf of their clients received a general or special crossed crossed check to the bank's check ticketed, and the client's funding is not right or there are defects, the banks and is not to admit such non-payment by the true owner of the check is responsible.

  第四节本票 IV cashier

  第八十三条本票之定义。 83rd of the definition of promissory note.

  (1)本票为一项书面之无条件支付之承诺,由一人开致另一人,并由出票人签名,保证凭票或在规定日期,或在某一可预定之日期,将一定金额之货币付与规定之人或其指定人或来人。 (1) The promissory notes are paid in a written unconditional promise to open by one person by another person, signed by the drawer to ensure the ticket or in the specified date, or on a scheduled date may be a certain amount of Money to pay and regulations of the person or his nominee or bearer.[page]

  (2)一张以本票形式付给出票人指定人的票据,按本条含义并非本票,除非而且只有在出票人背书后,才能成为本票。 (2) to cashier the form of a nominee of the notes payable to the drawer, according to the meaning of this section is not a promissory note, unless and only after endorsement in the drawer in order to become cashier.

  (3)一张本票不能仅由于含有以附属担保品作为抵押并有权出售或处理之条款而被认为无效。 (3) not just because it contains a cashier in order to collateral as security and the right to sell or deal with the terms of which were considered invalid.

  (4)一张本身是或从其表面看来是在大不列颠群岛开立和付款的本票是国内本票,任何其他本票是外国本票。 (4) a itself or from the surface appears to be opened in the British Isles, and payment of promissory note is the promissory note, promissory note to any other foreign promissory note.

  第八十四条交付的必要。 84th of delivery necessary.

  本票在交付给受款人或来人之前应属缺项的和不完整的本票。 Promissory note delivered to the payee or bearer before the item should be missing and incomplete promissory notes.

  第八十五条连带责任本票。第八十五条joint and several liability promissory notes.

  (1)本票得由两人或两人以上开立,根据本票文义,得对本票共同负责或连带负责。 (1) promissory notes may be authorized by the opening of two or more, according to promissory notes Wen-yi, may be responsible for the common promissory note, or joint and several responsibility.

  (2)如载有“我承诺付款”之本票由两人或两人以上签名,该本票被认为是连带负责之本票。 (2) contains a "I pledge payment" of the promissory note signed by two or more persons, the promissory note is considered to be jointly and severally responsible for the promissory note.

  第八十六条见票即付之本票。 86th Article of the promissory note payable on demand.

  (1)如见票即付之本票已被背书,必须在背书后的合理时间内提示付款。 (1) If the promissory note payable on demand has been endorsed, must be endorsed within a reasonable time after the prompt payment. 若未如此提示,背书人即被解除责任。 If no such prompt, endorser was released from liability.[page]

  (2)确定何为合理时间时,应考虑票据的性质、商业惯例和交易的具体情况。 (2) to determine what constitutes a reasonable time, should take into account the nature of bills, business practices and transactions specific circumstances.

  (3)见票即付的本票被流通转让后,如提示付款超过本票开立后的合理时间,就因所有权有瑕疵而对持票人的影响而言,只要其并不知情,该本票即不作为过期。 (3) promissory note payable on demand after the transfer has been in circulation, such as the prompt payment of more than promissory notes a reasonable time after the opening, they are flawed because of the ownership while the holder of the impact, as long as it did not know, The promissory note that is not as outdated.

  第八十七条提示本票要求付款。 87th of tips promissory note for payment.

  (1)如本票上规定在一特定地点付款,为使出票人负责,必须在该地提示付款。 (1) If the provisions of the promissory notes for payment at a particular location, for the drawer responsible and must pay the reminder. 在任何其他情况下,为使出票人负责,并不一定必须提示付款。 In any other case, in order to make the drawer is responsible for and does not necessarily have to be prompted for payment.

  (2)为使背书人对本票负责,必须作出提示付款。 (2) In order to endorse promissory notes people responsible for prompt payment must be made.

  (3)如本票上规定在一特定地点付款,为使背书人负责,必须在该地提示付款;但如本票上付款地仅是以备忘录方式标出时,在该地提示足以使背书人对本票负责,但如在其他各方面都符合条件,则在其他地方向出票人提示即可。 (3) If the provisions of the promissory note for payment at a particular location, for the endorser is responsible, must be made to prompt payment; However, if the promissory note on the memorandum of payment methods is marked only when the reminder of enough to make an endorsement on the promissory notes were in charge, but if other aspects are in line with conditions in other places can prompt the direction of the drawer.

  第八十八条出票人责任。 88th of drawer responsibilities.[page]

  本票的出票人在开立本票时: Cashier opened the drawer in the cashier when you:

  (1)保证将根据本票的文义作出付款。 (1) ensure that the letter will be based on promissory notes to make payments.

  (2)不能向正当持票人否认收款人的存在及其当时背书的行为能力。 (2) can not be denied to the holder in due course the existence of the payee and his then capacity endorsement.

  第八十九条第二节适用于本票。 89th Section II apply to promissory notes.

  (1)根据本条条文,除本节另有规定外,本法中有关汇票的条文,经必要的修改, 也适用于本票。 (1) According to the provisions of this section, except as otherwise provided in this section, the provisions of this Act relating to bills of exchange, after the necessary modifications, also applies to promissory notes.

  (2)在引用此类条文时,可把本票之出票人看作汇票之承兑人;把本票之第一背书人看作付给出票人指定人的已承兑汇票的出票人。 (2) In reference to these provisions, it can draw cashier's drafts of the drawer as the acceptor; the promissory notes of the first endorsee as a nominee that has been paid to the drawer Acceptance of a ticket people.

  (3)以下有关汇票的规定对本票不适用: (3) The following provisions of the bill does not apply to the promissory note:

  (a)提示承兑; (A) prompt acceptance;

  (b)承兑; (B) acceptance;

  (c)作成拒绝证书后参加承兑; (C) the certificate作成refused to participate in acceptance;

  (d)成套汇票。 (D) complete sets of bills of exchange.

  (4)如国外本票遭退票,无需作成拒绝证书。 (4) If the refund of foreign cashier was no need to作成reject the certificate.

  第五节补充规定 Section V Supplementary Provisions

  第九十条善意。 90th of goodwill.

  如事实上某人是诚实地办理某事,则根据本法含义,不论其是否有疏忽,应认为是善意地办理该事。 As a matter of fact that a person is honestly handle something, then according to the meaning of this Act, regardless of whether there is negligence, shall be considered in good faith in handling the matter.[page]

  第九十一条签名。 91st of signatures.

  (1)如任何票据或文件要求由任何人签名,则根据本法,无需由该人亲手签名,其他人经授权代签亦可。 (1) If any instrument or document requested by any signatures, then according to this law, without personally signed by the person, others can be authorized to sign on behalf of.

  (2)如任何票据或文件需要法人组织签署时,根据本法,在票据或文件上加上该组织之印章即可。 (2) If any instrument or document required to sign a legal entity, in accordance with this Law, in the instrument or document with the seal of the organization can be. 但本条不能解释为法人组织的汇票或本票,必须加盖印章。 However, this article should not be construed as legal organizations, bills of exchange or promissory note, must be sealed.

  第九十二条时间的计算。第九十二条time calculations.

  如办理某事的时限少于3日,则根据本法,在计算时间时,不包括非营业日。 If the time limit for handling something less than 3 days, then under this Act, in calculating the time, do not include non-business days.

  就本法而言,“非营业日”指: Purposes of this Law, "non-business day" means:

  (a)星期日、耶稣罹难日、圣诞节; (A) Sunday, Jesus died on Christmas;

  (b)按1881年《银行假日法》或其修正条例所规定的银行假日; (B) by 1881, "Bank Holidays Act," or its amendments under the Bank Holiday;

  (c)王室公布的公共斋戒日或感恩节。 (C) the royal family released a public fast day or Thanksgiving.

  任何其他日期均为营业日。 Any other dates are business days.

  第九十三条当公证记录等同于拒绝证书时。 93rd of record amounted to a denial when the notarial certificate.

  就本法而言,如要求在一特定期间或在采取进一步诉讼前对汇票或本票作成拒绝证书,则在特定期间届满前或进行诉讼前,就拒绝证书对汇票作成公证记录即可。 Purposes of this Law, such as requiring a specified period or to take further action before the bills of exchange or promissory notes作成refused a certificate in the specified period or before the expiration of the pre-action, refused to bill作成notary certificate record. 正式的拒绝证书得延迟至公证记录作成日开始后的任何时间作出。 A formal denial of the certificate was delayed until after the start of notarial records作成日made at any time.[page]

  第九十四条在不能获得公证人情况下作成的拒绝证书。 Article 94th notary public can not be made into a case of refusing the certificate.

  如遭退票之汇票或本票被授权或需作成拒绝证书,而在汇票退票地又无公证人,则任何户主或当地有身份之居民,在两名见证人在场的情况下,可作出经其签名的证明书,证实汇票遭到退票。 If the bills of exchange or promissory note have been refunds are authorized or required to作成reject the certificate, while in the bill to refund nor notaries public, then there is no head of household or the local identity of the residents in the presence of two witnesses, may be made through their signed certificate confirming that bill was a refund. 该证明书在各方面之作用如同正式拒绝证书一样。 The certificate in all aspects of the role of the certificate of the same as formally refused.

  本法附表一中的格式,经必要的修改可予采用,如采用这项格式,即为合格。 Schedule to this Act in a form, mutatis mutandis, may be used, such as the use of this format, shall be eligible.

  第九十五条股息单可以划线。 95th of dividends alone can be crossed.

  本法关于划线支票的规定,可适用于支付股息的息单。 The provisions of this Law concerning crossed check be applied to a single interest payment of dividends.

  第九十六条取消。 96th be deleted.

  本法附录二中的条例已从本法开始实施之日起废止,其范围为在附录中提及者。 Appendix II of this Act in the regulations be implemented from the date of this Act repealed, the scope of persons referred to in the Appendix.

  但此等废止不影响本法开始实施前已办之事或已遭受之任何损失,或已取得之任何权利、所有权、或产生之利益;也不影响对任何已办之事、已取得之权利、所有权或产生之利益所采取的法律诉讼或补救措施。 However, such revocation does not affect the implementation of this Act before the start of things to do, or have suffered any loss, or have obtained any right, title, or interest generated; does not affect any right to do the things right has been made , title, or interest generated by legal proceedings taken or remedial measures.[page]

  第九十七条保留。第九十七条reserved.

  (1)与汇票、本票、支票有关之破产规则仍将继续适用,不论本法中有任何规定。 (1) and bills of exchange, promissory notes, checks the relevant bankruptcy rules will continue to apply, irrespective of any provision of this Act.

  (2)普通法包括《商人法》的规则,除与本法条文有抵触外,将继续适用于汇票、本票和支票。 (2) The common law, including "merchant law" rule, except that contravened the provisions of this Law, will continue to apply to bills of exchange, promissory notes and checks.

  (3)本法或任何已经废止部分都不影响: (3) This Act has been repealed, or any part has no impact:

  (a)1870年的《印花税法》或其修正条例之规定,或有关税收的现行有效之任何法律或法令; (A) 1870 years of "Stamp Act" or its amendments to the provisions of, or the taxes in force of any law or decree;

  (b)1862年《公司法》或其修正条例之规定,或与股份银行或公司有关之任何规定; (B) 1862 years "Company Law" or its amendments to the provisions of, or shares of a bank or firm in respect of any regulations;

  (c)关于或确认英格兰银行或苏格兰银行特权之任何法律规定; (C) on or confirm the privileges of the Bank of England or Bank of Scotland, any legal requirements;

  (d)关于股息单或其背书的任何用法的有效性。 (D) on the dividends alone or endorsement of any usage of effectiveness.

  第九十八条苏格兰保留“简易执行”条款。 98th of Scottish reservations "Simple implementation of the" clause.

  本法或任何已经废止部分都不应扩大或限制,或在任何其他方面改变或影响苏格兰“简易执行”有关的法律和惯例。 Or any part of this Act has been repealed should not be expanded or restricted, or in any other change or affect the Scottish "Simple implementation of the" relevant law and practice.

  第九十九条用其他法案解释。第九十九条with the interpretation of other bills.

  如法案或文件中提及某项条文,而该条文已为本法废止,则该法案或文件得按本法相应的规定解释或使用。 Case of a bill or document referred to a provision, and the provisions of this Act has abolished, then the bill or document may by this Act shall be interpreted accordingly or use.[page]

  第一○○条在苏格兰,某些法律诉讼中允许口头证据。 ○ ○ first article in Scotland, some legal proceedings, to allow oral evidence.

  在苏格兰的法律诉讼中,凡涉及汇票、银行支票、本票有关之事实,并和票据责任有关者,得由口头证据证明。 Legal proceedings in Scotland, involving money orders, bank checks, promissory notes relevant facts and notes relating to the responsibility, and who may be authorized by the oral evidence.

  但本法之规定不影响现行之法律和惯例,如审理案件之法庭或法官要求汇票、银行支票或本票文句上之当事人(即持票人之债务人)作出委托或告戒,以资取得简易程序之证明,中止控告或中止控告之威胁。 However, the provisions of this Act without prejudice to existing laws and practices, such as the adjudication of cases requested by the judge of the court or money order, bank check or cashier textual the parties (that is, holders of the debtor) made an assignment or caution to facilitate easy access to summary proof, suspension or termination of charges against the threat.

  本节不适用于已经开庭审理的汇票、银行支票和本票。 This section does not apply to the court hearing had bills of exchange, bank checks and promissory notes.

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家里有两个女儿,一个儿子算不算双女户?
如果两个孩子都在两周岁以下的,可能会判决两个孩子都归女方抚养;如果一个孩子在两周岁以下,另一个孩子在两周岁以上的,则可能判决两周岁以下的孩子由女方抚养,两周岁以
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