Goncharov A.I. Bill As Settlement and Credit Instruments: Payment, Guarantee of Amortization, Regress

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.15

Alexander I. Goncharov

Doctor of Juridical Sciences, Doctor of Economic Sciences, Professor, the Department of Constitutional and Municipal Law, the Department of Civil and International Private Law, Volgograd State University, the Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the bill is a security, the amortization of the financial liability is against the only bill, that creditor exhibit to debtor. Exactly the creditor must apply with the original bill to the debtor to amortize the obligation, because it is impossible to reverse. The place of amortization the financial obligations of the bill is the domicile. Failure to present a bill for payment at all, implies the cessation of obligations only regress (spare) debtors, however, the main financial obligation of the debtor – the acceptor of a bill of transfer or the ordinary bill continues to exist. Transferable promissory of the bills increased due to the fact, that the payment of a bill may be provided (financially backed by, guaranteed) by surety. Intention of research – to reveal the rules of payment, guarantee of amortization, regress on the bills. Methods used in combination methods of scientific knowledge, including basic – methods of historicism, systematic analysis and comparative law. Results: payment is done properly the payment of the entire bill’s amount, the non-payment of the amount equivalent to denial of payment for this part. When a bill is submitted for payment, but it does not pay the debtor, the creditor may request the bill from him in court as the debtor owns them illegally. After receiving the bill back to the creditor, the billholder is able to exercise their rights in relation to regress (spare) debtors. End of the bill’s financial liability possibly even on the grounds that correspond to civil law: it can be a ladder of counter-claims, as well as the provision of compensation. Commercial banks are the most active subjects bill relations. Conclusions: payment of a bill must be promoted properly, then the promissory bill’s financial liability ended. Payment of a bill can be provided surety all or part of the bill amount, which reflects the clear text while writing this surety.

Keywords: billpromiser, creditor, reckoning, date, billholder, bill amount, surety, backer, recourse debtor.

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