利益返还请求权若干问题探析

我国票据法对利益返还请求权制度的规定过于原则且有不周全之处。利益返还请求权的性质应为不当得利 ,其请求权人应包含空白背书的持票人和故意为背书涂销行为的持票人 ,其利益返还义务人应在出票人和承兑人之外还包括背书人和无权代理人 ,行使利益返还请求权的法定要因应增列持票人因手续欠缺而丧失票据权利。

A probe of Some Problems About the Right of Claim for Repayment of Interests

The law on negotiable instruments regulating the right of claim for repayment of the interests are too simple and incomplete in China. The attribute of the right of claim for repayment of the interests should be enriched, and its applicants should include holders of blank endorsement and acts of delicately obliterating endorsement, its obligators of repayment of interests should consist of the endorser and the unauthorized agent in addition to the drawer and the acceptor. Valid grounds that perform the right of claim for repayment of the interests should include the holder losses of the right of negotiable instruments for lack of formalities.