골프 회원증의 유가증권성 ― 일본의 판례 및 이론을 중심으로 ―

We have the question whether the certificate of golf membership has negotiability in our society and can be recognize as the negotiable instrument(der Wertpapier) and solving those problem is working to discover a legal doctrine of negotiable instrument and to set the legal system of it. The basic principle of law can be adoptable to all of the negotiable instruments, namely the principle of law on negotiability has not yet the systemic materials. The problem about the legal nature of the certificate of golf membership will be finally the problem of the analysis on negotiability of instruments. The goal of this paper is analyzing this negotiability and confirming that the certificate of golf membership has negotiability in the market and can be handled as a negotiable instruments. Regarding the legal nature of the certificate of golf membership, this paper is managing the next problems. First, does the certificate of golf membership correspond to the negotiable instrument? To this part, relating with the concept of the negotiable instrument, it is reviewed whether the certificate of golf membership has the intrinsic attribute as negotiable instrument. Second, relating with the principle of a negotiable instrument providing by law(Der numerus clausus der Wertpapiere), it will be considered whether the publication of the certificate of golf membership is restricted legally. Third, regarding the concrete problem relating with the legal nature of negotiable instrument, it is observed whether the certificate of golf membership can be the objective of the judgement of nullification (Ausschluss Urteil) to instruments, the good-faith acquisition(aquire by bona fides), the presentment for payment & the repayment on instrument.