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The concept and types of bills of exchange and promissory notes
Konečná, Veronika ; Zahradníčková, Marie (advisor) ; Čech, Petr (referee)
The topic of my diploma thesis is "The Concept and Types of Bills of Exchange and Promissory Notes". The reason, why I chose this theme, is my interest in business law and in particular in the securities law. However, the main motivation which led me to analyze this legal sphere, were anteriorly my previous work experiences. From the plenty of cases I have had the opportunity to see, emerged for me a surprising conclusion, namely that the participants of the bill relationships are often not in a significant amount familiar with the essential content requirements of a bill of exchange as a security, which in the case concerned led to serious and thoroughly negative consequences. It is obvious that a bill of exchange represents for a general public not easily understandable problematic which requires precision and excellent knowledge of law. For this reason I have paid attention to the issue of essential appurtenances of a bill of exchange whose presence is demanded by law and without their remark a bill of exchange is fundamentally not valid document. The goal of this diploma thesis is to analyze and characterize a bill of exchange as a legal instrument and to define its basic attributes in a view of the fact that in the Bill of Exchange and Cheque Act, not even in other legal rules including...
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Payment and security function of bills of exchange and cheques
Rác, David ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
A bill of Exchange was originally used as payment instrument. Recently, it is mostly used as securing instrument. This purpose was mainly evolved by legal practice and its legislation could be problematic and unclear for laymen. The main aim of this thesis is to analyze a bill of exchange as a securing instrument. Further attention is paid to the function of payment. However, the bill of exchange and check are both regulated in identical law, so to some of its institutes I also describe a checks. The main attention of my thesis is devoted to the securing purpose of the bill of exchange. There I describe the specifics of this instrument in the comparison of other civil securing instruments. Due to this contrast, it can be said, that the bill of exchange gives the creditor some significant advantage on one hand, but finds some insuperable limits on the other hand. My thesis is divided into five chapters. The first chapter describes the historical development of bills of exchange and check, and the circumstances under which these institutions were created. The second chapter deals with the exchange and check law, their rules, the systematic inclusion of this branch of law and the basic peculiarities are defined. The third chapter is devoted to a general definition of the bill of exchange, describes...
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Securities with a focus on bills of exchange and promissory notes as important tools in business obligations
Chlpeková, Veronika ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
in English Securities with a focus of bills of exchange and promissory notes as important tools in business obligations The institute of securities accompanies the society for many centuries and has become an indispensable part of economic life. Although, with few exceptions represented apparently only by Slovak and Swiss legal order, there is no general definition of concept of security, it does not hinder to define its characteristics, which are the instrument, respectively any material substrate able to capture a written declaration of will and incorporated subjective property right originating in the private area. Of the above may be deduced the close connection between right and document, which is it's materialization. In connection with the development of social needs, especially in the area of trade, disadvantages of document that was originally considered as a necessary condition of the existence of a valid security, appeared. As a result, the process of dematerialisation of securities started and the document has been replaced by the entry in the register of securities. Nowadays, therefore, the securities may exist both in paper and in book entry form, what undoubtedly facilitate the implementation of some complicated business transactions. The presented thesis combines the interpretation...
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The concept and types of bills of exchange and promissory notes
Konečná, Veronika ; Zahradníčková, Marie (advisor) ; Čech, Petr (referee)
The topic of my diploma thesis is "The Concept and Types of Bills of Exchange and Promissory Notes". The reason, why I chose this theme, is my interest in business law and in particular in the securities law. However, the main motivation which led me to analyze this legal sphere, were anteriorly my previous work experiences. From the plenty of cases I have had the opportunity to see, emerged for me a surprising conclusion, namely that the participants of the bill relationships are often not in a significant amount familiar with the essential content requirements of a bill of exchange as a security, which in the case concerned led to serious and thoroughly negative consequences. It is obvious that a bill of exchange represents for a general public not easily understandable problematic which requires precision and excellent knowledge of law. For this reason I have paid attention to the issue of essential appurtenances of a bill of exchange whose presence is demanded by law and without their remark a bill of exchange is fundamentally not valid document. The goal of this diploma thesis is to analyze and characterize a bill of exchange as a legal instrument and to define its basic attributes in a view of the fact that in the Bill of Exchange and Cheque Act, not even in other legal rules including...
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