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@article{ART002445805},
author={Lee, Seong Woo},
title={A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange)},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2019},
number={82},
pages={251-278},
doi={10.31839/DALR.2019.02.82.251}

TY - JOUR
AU - Lee, Seong Woo
TI - A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange)
JO - DONG-A LAW REVIEW
PY - 2019
VL - null
IS - 82
PB - The Institute for Legal Studies Dong-A University
SP - 251
EP - 278
SN - 1225-3405
AB - The transaction of the bill of exchange or the promissory note (hereinafter called as “promissory note”) is regulated by not only the Promissory Note Act but also the Banking Act. But all the studies on the legal problem arising from the transaction of the promissory note are focused only on the clarification of the legal meaning of the Promissory Note Act. Especially, the Intend of the Promissory Note Act is the guarantee of the smooth negotiation. Nevertheless, every theories on the transaction of the promissory note insist that all the transaction of the promissory note, no matter the negotiation, shall be excluded from the principle of the civil law. The Banking Act does provide the service on the promissory note as the business of the bank established and incorporated by the Banking Act and the clearing house rule is being in effect according to the Banking Act. So, the transaction of the promissory note shall be applied by the Banking Act, the same as it is applied by the Promissory Note Act. And the transaction of the promissory note unrelated with the negotiation shall be ruled by the principle of the civil law. The dead zone of the just defence due to the deficit of the provision on the cutting off the defence(Article 17 of the Act of the Bill of Exchange), shall be complemented by the estoppel and the prohibition of the abuse rule not by the abstruse theories.
KW - promissory note;the Banking Act. negotiation;the clearing house;the principle of the civil law;cutting off the defence;the estoppel;the prohibition of the abuse rule.
DO - 10.31839/DALR.2019.02.82.251
ER -

Lee, Seong Woo. (2019). A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange). DONG-A LAW REVIEW, 82, 251-278.

Lee, Seong Woo. 2019, "A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange)", DONG-A LAW REVIEW, no.82, pp.251-278. Available from: doi:10.31839/DALR.2019.02.82.251

Lee, Seong Woo "A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange)" DONG-A LAW REVIEW 82 pp.251-278 (2019) : 251.

Lee, Seong Woo. A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange). 2019; 82 : 251-278. Available from: doi:10.31839/DALR.2019.02.82.251

Lee, Seong Woo. "A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange)" DONG-A LAW REVIEW no.82(2019) : 251-278.doi: 10.31839/DALR.2019.02.82.251

Lee, Seong Woo. A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange). DONG-A LAW REVIEW, 82, 251-278. doi: 10.31839/DALR.2019.02.82.251

Lee, Seong Woo. A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange). DONG-A LAW REVIEW. 2019; 82 251-278. doi: 10.31839/DALR.2019.02.82.251

Lee, Seong Woo. A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange). 2019; 82 : 251-278. Available from: doi:10.31839/DALR.2019.02.82.251

Lee, Seong Woo. "A Study on the Suitability of the Theories on the Transaction of the Promissory Note (including the Bill of Exchange)" DONG-A LAW REVIEW no.82(2019) : 251-278.doi: 10.31839/DALR.2019.02.82.251