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Under what circumstances can the counterplea of the bill be exercised

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Under what circumstances can the counterplea of the bill be exercised


        

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  • 2024-06-09 19:00:03

    Under these circumstances, the right of defense of the bill can be exercised: 1. The bill is obtained due to gross negligence; 2. Having a direct creditor debtor relationship with the bill debtor and failing to perform the agreed obligations; 3. Obtaining negotiable instruments by illegal means such as fraud, theft or coercion; 4. Obtaining a negotiable instrument knowing that there is a defense between the debtor of the instrument and the drawer or the prior hand of the holder.
    Legal basis: Article 15 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bill Dispute Cases, if the bill debtor raises the following defenses against the holder in accordance with the provisions of Articles 12 and 13 of the Negotiable Instruments Law, the people's court shall support it: (1) The bill debtor has a direct creditor debtor relationship and fails to perform the agreed obligations; (2) Obtaining a negotiable instrument by illegal means such as fraud, theft or coercion, or obtaining a negotiable instrument with malice knowing the preceding circumstances; (3) Obtaining a negotiable instrument knowing that there is a defense between the debtor of the instrument and the drawer or the prior hand of the holder; (4) Obtaining a negotiable instrument due to gross negligence; (5) Other persons who are not entitled to the rights of negotiable instruments according to law.

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