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票据丧失是指票据因灭失,遗失、被盗等原因而使票据权利人脱离其对票据的占有。票据一经丧失,行使票据权利便失去了依据,但对票据权利人来说,并未失去票据的权利,因此法律必须保护票据权利人的付款请求权和追索权。根据《票据法》第十五条的规定,票据丧失后,可采取的补救措施有三种:即挂失止付、公示催告、普通诉讼。笔者就失票人在采取补救措施时必须履行的程序和应注意的问题,谈以下意见。
The loss of a ticket means that the ticket obliges the ticket owner to lose possession of the ticket because of loss, loss, theft or the like. Once the instrument is lost, the right to exercise the instrument loses its basis. However, for the instrument holder, the right to negotiate the instrument is not lost. Therefore, the law must protect the payment right and recourse of the instrument holder. According to the provisions of Article 15 of the Notes Law, there are three kinds of remedial measures that can be taken after the loss of a negotiable instrument: the reporting of loss, stop procuratorial public lawsuits and ordinary lawsuits. The author on the loss of people in the remedial measures to be implemented when the procedure and should be noted that the following comments.