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基于金融市场的便捷化的要求,以空白背书形式的票据在交易时大量出现。但我国票据立法与相关司法解释对空白背书的规定却并不一致,导致空白背书票据效力一直备受争议。法律适用中的关于背书连续性、单纯交付形式以及补记权的争议既给人们的认识造成了混乱,也导致空白背书票据纠纷频发。面对空白背书票据的潜在风险,付款人应当认真履行审查义务,合规运行,这样才能更好地保护自己权益。
Due to the facilitation of financial markets, notes in the form of blank endorsements have seen a large number of transactions at the time of transaction. However, China’s bills legislation and related judicial interpretation of the provisions of the blank endorsement is not the same, resulting in the effectiveness of blank endorsed bills has been controversial. The controversy over the continuity of application, the mere form of delivery, and the memorial right in the application of law has caused confusion in people’s understanding and frequent disputes over blank endorsement bills. Faced with the potential risk of blank endorsed bills, payers should conscientiously fulfill their obligations of review and compliance with regulations so that they can better protect their own rights and interests.