The Legal Research of Instruments' Funding Relationship

• Main Authors: Yung-wei Chen, 陳詠薇
• Other Authors: Chih-cheng Wang
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/12004094436025156256

碩士 === 國立成功大學 === 法律學研究所 === 95 === The relationships of funding and quasi-funding are just as important as the causing relationship with the Voraussetzungslosigkeit theory of instrument. The multiple reactions among the funding, quasi-funding and instrument relationship also indicate that whether the instrument debtors could defense not activating instrument obligation by using funding relationship. This thesis will discuss the timeline of causing rights of instrument by leading the properties of instrument behavior. In additional, it will continue to investigate the possibility of conjunction and separation between the instrument and separated-instrument relationship. Thus, it is necessary and possible to modify the Voraussetzungslosigkeit theory from the view of the defense of instrument. Since the funding relationship having connection with payment system, the article introduces the current payment system of The Republic of China (Taiwan). Furthermore, it discusses the relevance regarding to the funding relationship and payment system of various types of instruments. The aim of this thesis is to use the definition, property, and contents of funding relationship to clarify the various complex legal relationships. For the probable influences of funding relationship to payment system, it provides the direct claims and claims for the return of interest in the law of instruments. Besides, it also discusses the connection between the funding and instrument relationship from the financial practice and indicates the comments of amending the Voraussetzungslosigkeit theory.