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支票作为支付工具和结算手段被广泛运用的同时,支票遗失现象也时常发生,因此,支票遗失后的法律补救成为一个需要认真研究的问题。由于我国尚未出台专门的票据法,本文仅对我国现行的有关规定作些探讨。一、支票的属性及支票遗失的法律后果支票是银行的存款人签发给收款人办理结算或委托开户银行将款项支付给收款人的一种票据。按其支付方式不同,通常可分为现金支票和转帐支票。支票具有两大属性:一是支票是无因证券,支票一经签发,支票签发人即负有支付与票面额等值货币的义务,并且无权要求持
Checks are widely used as a payment instrument and settlement method, and check loss occurs frequently. Therefore, the legal remedy after the check is lost becomes a problem that needs careful study. Since China has not yet promulgated a special instrument of bills, this article only discusses some of the current regulations in our country. First, the check’s properties and the legal consequences of the check lost check is issued by the bank’s depositor to the payee for settlement or entrust the bank to pay the money to the payee a bill. According to their different payment methods, usually divided into cash checks and transfer checks. Checks have two major attributes: First, the check is non-securities, the check is issued, the check issuer that is responsible for the payment of the equivalent of the denomination of the currency obligations, and no right to request