백지어음의 재검토
Reexamination of Inchoate Instruments
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The common theory on requirements of inchoate instruments is that, as long as seal or signature is filled in we see it as a inchoate instruments even if the requirements are not all listed in. And not only the promisor’s seal or signature,but also anyone’s seal and signature counts in this case. But as we have examined here, to acknowledge that it is a blank bill out of the necessary conditions, at least the kind of the bill must be stated. And since the voluntary obligation is eventually given by the will of the promisor, if we count in the seal or signature of someone other than the promisor’s, that logic would be not respecting the fact of who the voluntary obligation is formed from. So, to be a inchoate instruments the kind of the bill and no one else but the promisor’s seal or signature has to be stated.
Abstract
The common theory on requirements of inchoate instruments is that, as long as seal or signature is filled in we see it as a inchoate instruments even if the requirements are not all listed in. And not only the promisor’s seal or signature,but also anyone’s seal and signature counts in this case. But as we have examined here, to acknowledge that it is a blank bill out of the necessary conditions, at least the kind of the bill must be stated. And since the voluntary obligation is eventually given by the will of the promisor, if we count in the seal or signature of someone other than the promisor’s, that logic would be not respecting the fact of who the voluntary obligation is formed from. So, to be a inchoate instruments the kind of the bill and no one else but the promisor’s seal or signature has to be stated.
참고문헌 (29)
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