The endorsement of the bill of exchange is regarded as the assignment of creditor's rights. The endorsement transfer does not require the consent of the debtor of the instrument, and the holder completes the endorsement behavior, which constitutes a valid transfer of the right of the instrument, and the difference between the two is mainly reflected in the following four aspects.
Is the endorsement of a bill of exchange a transfer of creditor's rights, and what are the differences between the two
1. The notice of transfer is different. According to the Contract Law, the transferor of ordinary claims must notify the debtor, otherwise the assignment will not have legal effect on the debtor; In addition to the drawer's record of "non-transferable", endorsement is the legal right of the endorser, and the endorser does not have to notify the debtor.
2. The transferor bears different legal relationships. In the assignment of ordinary creditor's rights, after the assignment of creditor's rights, the transferor withdraws from the legal relationship of the debt, and in principle, no longer has a legal relationship with the creditor's rights and debts; In the endorsement of the negotiable instrument, the endorser does not withdraw from the legal relationship of the negotiable instrument after the transfer of the negotiable instrument, and the endorser changes from the original negotiable instrument holder to the debtor of the negotiable instrument, and bears the responsibility of guarantee acceptance and guaranteed payment to the subsequent hand.
Is the endorsement of a bill of exchange a transfer of creditor's rights, and what are the differences between the two
3. The debtor's right of defense is different. In the assignment of ordinary creditor's rights, the assignee must bear the defects of the transferor's rights, and the debtor may oppose the assignee with its defense against the transferor; In the endorsement of negotiable instruments, the endorsee is protected by the system of bona fide acquisition of negotiable instruments and does not bear the defects of the rights of the endorser, and the debtor shall not use the defense of the endorser against the endorsee to produce the effect of severing the defense, except for the defense of bad faith.
Is the endorsement of a bill of exchange a transfer of creditor's rights, and what are the differences between the two
4. The proof of right is different. In the assignment of ordinary claims, the assignment itself does not have the effect of proof of rights, and the transferee must still prove its rights in accordance with the general rules of proof to assert the claims. In the endorsement of the instrument, as long as the endorsement is continuous in form, the endorsement itself has the effect of proof, and the holder does not need to provide evidence to prove his right to the instrument.
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