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The concept and types of bills of exchange and promissory notes
Blaha, Michal ; Zahradníčková, Marie (advisor) ; Čech, Petr (referee)
- 1 - Abstract The topic of my diploma thesis is "The concept and types of bills of exchange and promissory notes". The reason why I chose this topic is my interest in securities law, especially in bill of exchange law, and my previous work experience. I regularly work with bill of exchange law in my employment so this is a reason why I have decided to expand my knowledge of this particular law. The bill of exchange and check act number 191/1950 Coll., as amended, is the basis of legislation for this kind of law in the Czech Republic. The most significant advantage of this act is the constancy, which is given by the general method of treatment of this issue. This advantage can be considered as one of the main disadvantages too, because the solution of unique issues is left to case law and literature. This is a reason, why the core of this diploma thesis is chapter 5, where I analyse the essential requirements of bill of exchange and promissory note. Also the issue of graphical design is a very interesting and actual topic. The diploma thesis is structure into seven chapters. The first chapter is devoted to the historical development of bill of exchange and promissory note. This chapter contains also the historical development of individual institutes of bill of exchange law. The second chapter discusses the...
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The position of a guarantor (avalist) in relations regarding the bill of exchange
Charvátová, Hana ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
The position of a guarantor (avalist) in relations regarding the bill of exchange Aval is connected with a security called a bill of exchange. Besides the possibility to use the bill of exchange to secure debts, it is possible to ensure the debt embodied in the bill of exchange charter and increase its value. It is meant aval as the main theme of the thesis. The main aim of the thesis is to introduce aval from a legal point of view and assess the status of the guarantor in bills of exchange relations from the point of view of his rights and duties, especially against s and debtors (in the case of regression) in different situations and phases. The special source of legislation is the law of bills of exchange and checks that permeates the entire structure of the work. Structurally this work consists of two main parts. The first part is focused on legal formalities on bills of exchange charter and consequences in case of the absence of one of these essential formalities for the position of guarantor. The second part is devoted to aval In addition to development, formal and material conditions necessary for the origin of the bill of exchange is considerable space devoted to characteristics of aval . Another important part of this work represents creditors negotiations towards guarantor and vice versa, which...
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Bill of exchange proceedings in the Czech Republic
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis named "Bill of exchange proceedings in the Czech Republic" describes the course of bill of exchange proceedings under the Czech law from its commencement, issuing of a decision on merits till the enforcement of the decision. The thesis focuses on the specifics of the bill of exchange proceedings as a summary proceedings and issues which arise out of it. It deals with problems connected with the new legislation governing from January 1, 2014 the delivery of the judicial order to pay in a form of bill. It looks on the position of a drawee in the hearing where his objections against the judicial order to pay in form of a bill are considered. The thesis deals with the issue of admissibility of objections and the 15 days period to file the objections. It considers the position of drawees - defendants which are in separate joinder of parties on the side of defendants. If also focuses on new institutes connected with deciding about costs of the proceedings. The first chapter discuss a bill of exchange as a security. The following chapters (second till sixth) in accordance with the course of the proceedings deals with the action with a motion to issue a judicial order to pay in a form of bill, its issuance, delivery and with the hearing of the objections. The activity of the court before...
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Bill of Exchange Procedure
Kratěna, Štěpán
- Bill of Exchange Procedure Litigation in which the receivable, arising from the bill of exchange, is applied has its natural features resulting from substantial law aspects determined by abstract bill of exchange obligation. These natural features are not established by procedure as such, they take their origin in substantial law. While non-bill-of-exchange disputes are related to solely one level of relevant facts (level of casual facts) in bill of exchange dispute there is another level of relevant facts to be always present, no matter whether in addition to such casual level or, eventually, solely. We call this (additional) level of facts the bill-of-exchange level of facts. It is the distinctive feature of bill of exchange dispute that such dispute may be substantially ruled even upon this bill-of-exchange level of facts only. This bill-of-exchange level of facts is, by its substance, significantly more simple than the casual level of facts. Thus, the court may not realize any casual findings in the bill of exchange dispute and yet such dispute may be adjudicated correctly. In respect of limited number of bill of exchange necessities there is usually poor hope for success on the part of the defendant in bill-of-exchange level of facts. Thus, the defendants often have to refer to casual facts...
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The status and particularities of a bill of exchange proceeding
Rýdlová, Aneta ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
The Status and Particularities of a Bill of Exchange Proceeding Abstract The thesis deals with a bill of exchange proceedings as a specific kind of civil procedure. This specific kind of proceedings is used for making a claim to a bill of exchange by its owner. The first chapter contains a definition of the character and purpose of the bill of exchange proceedings. The second chapter defines one of the general conditions of the procedure - jurisdiction. The second part of this chapter defines the preconditions for issuing a specific kind of judgement in the bill of exchange proceedings, the order for payment. The third chapter contains a definition of standing and a specific group of litigants in the bill of exchange relation followed by the party dispositions of the claimants for changes in the party to the proceedings. The fourth chapter deals with the party dispositions of the claimants for changes in the object of the proceedings. This chapter also includes the determination of the relevant point in time for issuing the order for payment in a bill of exchange proceedings. The fifth and sixth chapters contain two specific components of the bill of exchange proceedings, namely special kind of appeal known as objections and the concentration of proceedings. There are also mentioned the objection to set-off...
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Causal objections to a bill of exchange and a promissory note, their types and proceedings related to them
Vacek, Lukáš ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
and keywords Causal objections to a bill of exchange and a promissory note, their types and proceedings related to them The subject of this thesis are causal objections to bill of exchange and promissory note, their types and proceedings related to them. The aim of the thesis is to provide a comprehensive overview of causal objections as a defense against produced bill of exchange (promissory note) based on an analysis of prosessional literature on the topic and the relevant case law. Thus, the thesis deals both with causal objections as substantive law institute and their practical application through procedural law institute of objections against bill of exchange (promissory note) payment order. The thesis consists of the preface, three chaptes and the conclusion. The first chapter deals with basic aspects of the term of "bill of exchange" (or the "promissory note"). The chapter is devided into four subchapters. The first subchapter analyses different definitions of the bill of exchange (promissory note) as they can be found in the professional literature and the case law and these definitons are compared to one another. The second subchapter deals with typical signs of bills of exchange (promissory notes) as a security. The essentials of such a security are described in the third subchapter. The...
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Payment order procedure
Jurásek, Vít ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The diploma thesis deals with the current legislation of a payment order procedure. It is focused on issues for which legislation does not have an explicit answer. The thesis in particular with the help of generalized conclusions from more significant court decisions tries to find solutions for situations that occur more or less often during the payment order procedure, but are not dealt with uniformly in the practice of lower courts. The existing legislation is also compared with a possible future modification in the new civil procedure code. At first, the concept of the payment order procedure and its basic principles are defined. Furthermore, the importance of this form of procedure for the current Czech judiciary is evaluated, as it helps to speed up and simplify activities of judiciary. This is also achieved by involving court emloyees in decision-making acitivity, whose specifics are also described by the thesis. The following sections are focused on a payment order, an electronic payment order, a payment order under a bill of exchange or a cheque and a European order of payment. The conditions for issuing a given type of decision, its content and the defense options of the defendant are always interpreted. The differences between each sub-type of payment order procedure from general civil proceedings...
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Bill of exchange, its characteristics and functions in the light of historical background and case law until present
Rác, David ; Zahradníčková, Marie (referee)
Within this thesis, I analyze my knowledge of the bill of exchange, especially the development of the bill of exchange and the current law in action practise. The main part of this thesis is devoted to the security function of the bill of exchange, which is currently the dominant. But I also paid attention to other bill of exchange instruments. The thesis is divided into five chapters. In the first chapter I discuss the historical development of the bill of exchange, focusing on the development in the Czech lands, with emphasis on the period 1918-1938, called The First republic. The second chapter is devoted to the characteristics of bills of Exchange law and its status in the legal system of the Czech Republic. The third chapter deals with the individual bill of exchange functions. The major part of this chapter is being devoted to the security function, which is recently the most frequent in action. Here I describe the effect and purpose for which they are issued, following the features of the bill of Exchange. Nescience of those features often results to the duty to fulfill the debt two times, however there is no substantive basis for such an action. This chapter also contains the proceeding of crooked endorsement, accompanied by jurisprudence in this matter. In conclusion, I complete the...
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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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The concept and types of bill of exchange
Čeřovská, Jitka ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
- The concept and types of bill of exchange The topic of this thesis is "The concept and types of bill of exchange". The reason for choosing this topic has been my interest in bill of exchange law, which was awaken by my own experience with a bill of exchange on one hand and by the gripping seminars of subject called "Bills of Exchanges", which is taught at the Faculty of Social Sciences of the Charles University in Prague, on the other hand. The aim of the thesis is to characterize the bill of exchange and promissory note, to define their basic characteristics, to explain, what kind of them exist and to analyze their basic requirements. The thesis is composed of six chapters. The first chapter discusses the history of bill of exchange and promissory note. It is divided into three sections that deal with the origin and both national and international development of bill of exchange law. The second chapter is devoted to the current legislation of bill of exchange law. It introduces the sources of bill of exchange law and relations between them and the most specific characteristics of the bill of exchange law, which is rigor cambialis. The third chapter, which consists of three sections, defines the concept of bill of exchange and promissory note, provides a list of their features and the most...
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