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票据理论一般认为,付款不是一种票据行为。也有人认为付款虽然不是一种票据行为,但它是消灭票据关系的行为,属民法上的清偿,也有人称其为广义的票据行为。由于票据行为是一种民事法律行为,清偿是一种事实行为,因而二者在法律效力上就有显著的不同。因此,研究票据法上的付款制度,对于贯彻执行我国的票据法,明确银行作为付款人的地位和责任,是十分有益的。一、付款是一种特殊的票据行为付款作为一种重要的法律制度,世界各国票据法都有专门规定。然而,何为付款,也都不作解释。我国票据法草案说明中,也只提到付款是一种票据行为,但没有对此作进一步的说明。通常人们所指的付款,是票据付款人向持票人支付票据金额。如我国《票据法》第五十五条规定,持票人获得付款的,应当在汇票上签收并将汇票交给
Notes theory generally believes that payment is not a form of paperwork. Some people think that although the payment is not a kind of instrument, it is the act of eliminating the relationship of the instrument. It belongs to the liquidation in the civil law, and some people call it a generalized instrument. Since the act of negotiable instrument is a kind of civil legal act, the liquidation is a de facto act, so the two have significant differences in legal validity. Therefore, to study the payment system in the law of negotiable instruments is very useful for implementing the law of our country’s bills and clarifying the status and responsibility of the banks as payers. First, payment is a special form of bill payment As an important legal system, bills all over the world have special provisions. However, what is payment, but also do not explain. In the explanation of draft bill law in our country, it is only mentioned that payment is a kind of bill behavior, but no further explanation is given. Often referred to as payment, the bill payer pays the bill amount. As China’s “Notes Law” Article 55 provides that bearers receive payment, it shall sign the bill and the bill to