国际结算练习一

Make your choice according to the following flowchart.
Drawer payee the first transferee the second transferee bill bill as gift negotiated to
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D P C E
goods clothes
A drawee / acceptor
1. C is a (holder in due course, holder for value).
2. If C negotiated the bill to E, E is a (holder in due course, holder for value).
3. If the bill is unpaid by A, E ( may, may not) claim from C.
E (may, may not) claim from P.
E (may, may not) claim from D.
4. E’s title (is, is not) superior to C’s.
E’s title (is, is not) superior to P’s.
C’s title (is, is not) superior to P’s.
the second drawer payee the first transferee transferee
bearer bill
stolen by C who sends it negotiates to
D give value P as gift to
E F
C money
pickpocket
A：Drawee, acceptor
1. E is a (holder in due course, holder for value).
2. E’s title (is, is not) better than his prior parties, or his title is (complete, defective).
3. F is a (holder in due course, holder for value).
4. F’s title (is, is not) better than his prior parties.
5. Being a holder in due course, F is a (holder, true owner) of the bill, but C is still the (holder, true owner) of the bill, since he is the person in possession of a bill payable to bearer.
6. The acceptor A pays the bill to F, the bill (is, is not) discharged.
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the second drawer payee the first transferee transferee
order bill P’s endorsement forged by C
who negotiates bill to E negotiates to
D give value P
E F
C money money
pickpocket
A：Drawee, acceptor
According to Bills of Exchange Act 1882,
1. F is a (holder in due course, holder for value, holder, possessor).
2. E is a (holder in due course, holder for value, holder, endorser).
3. When the bill is delivered to P, P is (a payee, an endorser).
4. If acceptor A pays the bill to F before forged endorsement has been discovered, is the responsibility of the bill discharged by such payment? (Y es, No.)
5. After forged endorsement was discovered, the true owner P (can, cannot) force A to pay him again.
6. A(can, cannot) recover from F the money he has paid.
7. If F refunds A, he (can, cannot) claim from E.
8. If P discovers the lost bill in the hands of E, P(has, does not have) the right to demand restoration of his title to the bill.
According to Uniform Law for Bills of Exchange and Promissory Notes signed at Geneva,
1. F is (holder in due course, holder for value, holder, possessor).
2. The loss of the bill will be compensated by (F, E, C, A).
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