论文部分内容阅读
【裁判要旨】票据代理贴现是指商业汇票的贴现申请人委托其代理人在贴现银行代办贴现手续,银行审核无误后直接将贴现款项划付给贴现申请人的业务。代理人依三方合作协议约定,在授权范围内行使代理贴现行为的法律后果应由贴现申请人承担。贴现银行对贴现申请材料以形式审查为标准,但若其在办理贴现业务的操作过程中存在过错,应对其未能依约收回的票款及利息损失承担相应的法律后果。
【Referee summary】 Bill discount refers to the discount of commercial bills. The claimant entrusts his agent to discount the debts of the bank, and the bank directly disburses the discounted bills to the business of the discounted applicant. If the agent agrees on the agreement of the tripartite cooperation, the legal consequence of exercising the act of discounting the agent within the scope of the authorization shall be borne by the applicant for discounting. Discounted banks shall use the form review as the basis for the application materials for discounted bills. However, if there is any fault in the operation of the discounted business, the bank shall bear the corresponding legal consequences for any failure to refund the fare and the interest loss due to the contract.