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在各种票据理论学说流派中,票据行为二阶段说主要为日本学者所主张。票据行为二阶段说以其理论既有利于维护票据流通安全,又有利于理论的整合性,具有突出的优点,成为近年来非常有影响力的学说。通过对日本票据行为二阶段说观点释析,实例论证在票据承兑和担保中也存在权利移转行为,主张彻底贯彻二阶段说。
Among the various schools of theory of negotiable instruments, the two phases of negotiable instruments act are mainly advocated by Japanese scholars. The two phases of the bill’s behavior say that its theory is not only beneficial to maintaining the security of the circulation of notes, but also conducive to the integration of the theory. It has outstanding advantages and has become a very influential doctrine in recent years. Through the analysis of the two stages of the Japanese negotiable instrument’s behavior, the example demonstrates that there is also the transfer of rights in the acceptance and guarantee of the negotiable instrument and advocates the thorough implementation of the two-phase theory.