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票据行为的成立要件,是使票据行为能够有效成立的基本要求。通说认为,票据行为作为一种特殊的民事法律行为,其成立除了应具备一般法律行为的有效要件外,还应当具备票据法规定的形式要件。也即票据行为的成立要件包括了形式上的成立要件与实质上的成立要件两个方面。一、票据行为的实质要件析票据行为的实质要件,即能够使票据行为有效成立的实质要求,一般认为包括票据能力和意思表示真实两项。通说认为票据行为在本质上是一种民事法律行为,故通常不在票据法上单独进行规定其实质要件,而适用民法的一般规定,所以票据行为的实质要件又被称为票据行为的民法要件
The essential elements of the formation of the bill act are the basic requirements for the bill act to be effectively established. It is said that as a special kind of civil legal act, the act of negotiable instruments should have the formal requirements stipulated in the Law of Negotiable Instruments in addition to the valid requirements of general legal acts. That is to say, the elements of the formation of the bill act include the formal formation of the elements and the essential elements of the establishment of two aspects. First, the substance of the bill behavior Analysis of the substance of the bill’s essential elements that can make the bill effectively set up substantive requirements, generally considered to include both the ability and meaning of the bill to represent the real. It is generally believed that the act of negotiable instrument is essentially a kind of civil law act and therefore it is not generally stipulated in the negotiable instrument law that its substantive requirements apply to the general provisions of the civil law. Therefore, the essential elements of the negotiable instrument act are also referred to as the civil law elements of negotiable instruments