만기후배서와 기한후배서의 구별에 관한 입법론적 검토

Abstract

A bill is negotiated by indorsement and delivery. After indorsement in blank a holder can transfer it by delivery. Indorsement is a formal act that has several purposes. First, indorsement is the mean for transferring title, i.e., of negotiating the instrument. Second, it is a way of protecting against conflicting claims downstream by restricting payment of the instrument. Man could be a holder in due course if he acquired title to the instrument in the ordinary course of business for value before it became due and without knowledge of any defect in title. A holder of promissory note can claim money from a bank at due date. If he is not paid, he can transfer the bill. A negotiable instrument is overdue when the day of its maturity is past and it remains unpaid. Though a negotiable instrument would be overdue, a holder of the bill could transfer his rights. The indorsement of overdue bill transfers indorser`s rights and duties to indorsee. The transferee can not be a bona fide purchaser. If the indorser is a holder in due course, the indorsee can claim that he is a holder in due course. If the transferor is not a holder in due course, the transferee can not claim that he is a holder in due course.