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What are the differences and similarities between bill disputes and debt disputes?

Li* Zhejiang Zhoushan Consultation on other debt disputes 2018.07.14 11:41:33 1683 people read

Hello, I had sex with my friend Economic disputes Don't know what to do. What to do about bill disputes and Debt dispute What are the differences and similarities?

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Region: Sichuan Chengdu

The term "negotiable instruments" as used in this Law refers to bills of exchange, promissory notes and cheques.
Article 3 Activities involving negotiable instruments shall comply with laws and administrative regulations, and shall not harm social and public interests.
Article 4 When making a negotiable instrument, the drawer shall sign it in accordance with the legal conditions and bear the liability for the instrument in accordance with the items recorded therein.
When exercising the rights on a negotiable instrument, the holder shall sign the instrument in accordance with legal procedures and present the instrument.
Where other debtors of a negotiable instrument sign or seal the instrument, they shall be liable for the instrument in accordance with the items recorded on the instrument.
The term "right on a negotiable instrument" as used in this Law means the right of the holder to demand payment of the amount of the instrument from the debtor of the instrument, including the right of demand for payment and the right of recourse.

2018-07-14 11:45:33 Reply
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Region: Sichuan Chengdu

Hello Bill disputes and debt disputes 32
5. Disputes over recourse to negotiable instruments 32
6. Dispute over the right of claim for bill delivery 32
7. Dispute over the right to claim the return of negotiable instruments 32
8. Dispute over liability for damage to negotiable instruments 32
9. Disputes over the right to claim the return of bill interests 330 Disputes over the right to claim the issuance of bill receipts 33
1. Bill guarantee disputes 33
2. Dispute on confirmation of invalid bill 33
3. Bill agency disputes 33
4. Bill repurchase dispute 29. Letter of credit dispute 33
5. Disputes over Entrusted Letter of Credit 33
6. L/C issuance disputes 33
7. L/C Negotiation Disputes 33
8. L/C fraud disputes 33
9. L/C financing disputes 340, L/C transfer disputes
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Bill correction

2018-07-14 11:42:33 Reply

In accordance with Articles 4, 8, 9, 22, 50, 75, 84, 106, etc. of the Bill Law of the People's Republic of China, Articles 1, 2, and 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bill Dispute Cases, and Articles 1, 2, and 3 of the Provisions on Causes of Civil Cases, Disputes arising from the exercise of non negotiable instrument rights in the bill law: (1) Bill guarantee disputes. A dispute arising from the performance of the debt guaranteed by the bill between a third party other than the bill debtor as the guarantor and the bill debtor as the guarantor. (2) Confirm the dispute of invalid bills. The dispute caused by the fact that the bill is confirmed to be lack of legal binding force on the bill because it does not meet the formal requirements stipulated in the Bill Law. (3) Bill agency disputes. The disputes arising from the agency relationship between the parties to the bill as principals, their agents and counterparts. (4) Bill repurchase disputes. Disputes caused by commercial banks and other bills that discount to other commercial banks or head offices and branches in the system with unmatured discounted commercial bills for financing. The non bill disputes related to bills mainly include: (1) disputes arising from the basic relationship of bills: disputes arising from the receipt of bills due to the relationship between the drawer and the payee due to the formation of civil acts such as sales, guarantees, loans, etc., and disputes arising from fund relationships based on contracts or management without cause; (2) Disputes over bills as the subject matter: such as disputes arising from inheritance, gift, custody, picking up bills, etc. This kind of dispute is only the subject matter of the bill, and does not involve the bill relationship, nor is it a dispute over the rights and obligations on the bill.

How to determine the jurisdiction of litigation over bill rights disputes and non bill rights disputes, which was adopted at the 1102nd meeting of the Supreme People's Judicial Committee on February 24, 2000, and announced by the Supreme People on November 14, 2000, the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bill Dispute Cases, which came into force on November 21, 2000, clearly states that: litigation over bill rights disputes, It shall be under the jurisdiction of the people in the place where the bill is paid or where the defendant has his domicile according to law. The place of payment on a negotiable instrument refers to the place of payment specified on the instrument. If the place of payment is not specified on the instrument, the place of business, residence or habitual residence of the drawee of a bill of exchange or the drawee on his behalf, the place of business of the drawer of a promissory note, and the place of business of the drawee of a cheque or the drawee on his behalf are the places of payment on the instrument. The agent payer, namely the entrusted agent of the payer, refers to the bank, credit union and other financial institutions that pay the bill amount on behalf of the payer. A lawsuit brought on a dispute over non negotiable instrument rights shall be under the jurisdiction of the people in the place where the defendant has his domicile according to law.

How to determine the jurisdiction of litigation over bill rights disputes and non bill rights disputes, which was adopted at the 1102nd meeting of the Supreme People's Judicial Committee on February 24, 2000, and announced by the Supreme People on November 14, 2000, the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bill Dispute Cases, which came into force on November 21, 2000, clearly states that: litigation over bill rights disputes, It shall be under the jurisdiction of the people in the place where the bill is paid or where the defendant has his domicile according to law. The place of payment on a negotiable instrument refers to the place of payment specified on the instrument. If the place of payment is not specified on the instrument, the place of business, residence or habitual residence of the drawee of a bill of exchange or the drawee on his behalf, the place of business of the drawer of a promissory note, and the place of business of the drawee of a cheque or the drawee on his behalf are the places of payment on the instrument. The agent payer, namely the entrusted agent of the payer, refers to the bank, credit union and other financial institutions that pay the bill amount on behalf of the payer. A lawsuit brought on a dispute over non negotiable instrument rights shall be under the jurisdiction of the people in the place where the defendant has his domicile according to law.

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