票据伪造的风险责任问题研究

一旦票据被伪造,即有人因此受到损失,按照票据法原理,此种损失最终应由伪造人负担。但实践中,伪造人不是难以找到就是无力赔偿,这就产生了票据伪造的风险责任问题。作为善意的付款人和善意持票人,他们都是无辜的,究竟由谁承担风险责任较为合理,各国法律规定不一。两大票据法系在此问题上的不同立场,对完善我国现行票据法具有重大的借鉴意义。

The Research on Venture Liability of Forged Bill

Once the bill is forged, there are someone who would certainly be damaged. According to the principles of the Bill Act, the forge liability should be burdened on the forger. But in practice, there are two outways: the one is that it's very difficult to find out the forger, the other is that the forger can not to burden. This brings about the problem of the forged liability of Bill. To the good faith payer and holder, they are innocent, so who should burden the liability, there are different opinions. Comparing to the different opinions of this problem in two legal systems, this dissertation puts forward a proper way on the present Bill Act.