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This document compares and contrasts negotiable instruments and the assignment of credit. It notes that negotiable instruments can be transferred by negotiation or assignment, with the transferee acquiring a clean title free from defects of prior transfers. The assignment of credit can only be transferred by assignment, with the transferee being an assignee subject to all defenses available to prior parties. It also discusses differences in guarantees of solvency, responsibilities of vendors, and whether the instrument is covered by the Negotiable Instruments Law.
This document compares and contrasts negotiable instruments and the assignment of credit. It notes that negotiable instruments can be transferred by negotiation or assignment, with the transferee acquiring a clean title free from defects of prior transfers. The assignment of credit can only be transferred by assignment, with the transferee being an assignee subject to all defenses available to prior parties. It also discusses differences in guarantees of solvency, responsibilities of vendors, and whether the instrument is covered by the Negotiable Instruments Law.
This document compares and contrasts negotiable instruments and the assignment of credit. It notes that negotiable instruments can be transferred by negotiation or assignment, with the transferee acquiring a clean title free from defects of prior transfers. The assignment of credit can only be transferred by assignment, with the transferee being an assignee subject to all defenses available to prior parties. It also discusses differences in guarantees of solvency, responsibilities of vendors, and whether the instrument is covered by the Negotiable Instruments Law.
HIDC is free from PD No Holder in Due Course – subject to personal defenses Transferee may acquire more rights – the If the title of the transferor is defective, the transferee does not only acquire a derivative title transferee will also be defective but a clean title - free from information and defects of prior tranferors The solvency of the debtor is guaranteed by the Vendor in good faith is responsible for the indorsers because they engage that the instru will existence and legality of the credits at the time of be accepted, paid, or both and that they will pay the sale – not for the solvency of the debtor if the instrument is dishonored. Exception: (1) assumption of insolvency is expressly stipulated (2) the insolvency was prior to the sale AND of common knowledge Covered by NIL NIL does not apply Can be transferred by negotiation or by Can only be transferred by assignment assignment The transferee can never be a holder in due course – only an assignee – subject to ALL defenses available to prior parties
Presumption Is Only Prima Facie and Is Still Revocable. 1. Distinguished From Motive Which Is Personal or Private Reason of A Party Which Is Usually Unknown