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Application of a securing promissory note in judicial proceedings in the light of recent case law
Svobodová, Karolina ; Patěk, Daniel (referee) ; Zahradníčková, Marie (referee)
AABSTRACTBSTRACT The aim of this thesis is to provide a comprehensive view on the issue of promissory notes as a guarantee in legal relations. It is supposed to serve both the debtor in building up his defense and the creditor in the evaluation of the risks he may face during the application of his promissory note. Apart from reference books and legislation, the main source used is the analysis of the case law and its contribution to the topic. This thesis is divided into four chapters. General issues are the theme of the first chapter with the focus on the signature and necessary entries on the note. Then the core of the hedge bill is questioned, concerning especially the nature of the securing contract, which is the reason of the guarantee function of the note and consequences associated with the transfer of the note. The second chapter is focused on the bilateral rights and obligations connected with the note and its secured claim, the risk of abuse of negotiable instruments and also the admissibility of causal objections in the case of the endorsement. Following that, suggestions of the possible defense against the abuse are proposed. The third chapter is devoted to procedural issues and the specifics of the procedure in this matter. The payment order is then discussed as well as the nature of the...
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The concept of a bill of exchange and promissory note
Moravec, Tomáš ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
- The concept of a bill of exchange and promissory note I have chosen the topic of the Thesis "The concept of a bill of exchange and promissory note" particularly due to the fact that I have become interested gradually in the issue of bills of exchange and promissory notes and in particular bill of exchange and promissory note essentials during the seminars of the commercial law and writing of the thesis has been an opportunity for me to extend my knowledge, concerning this institute. I got intrigued by the bills of exchange and promissory notes, particularly by their remarkably constant and permanent legislation in conjunction with specific requirements for formal quality, which is typical for bills of exchange and promissory notes. In my opinion, the bills of exchange are widely used instrument in our daily life, whose features and drawbacks their users may not even realize. It is for that reason, that the bill of exchange and promissory note essentials need increased attention due to their fundamental importance. The aim of my thesis has been to analyze primarily individual bill of exchange and promissory note essentials with the use of literature, and also of the rich case law, which relates to this theme. The thesis consists of four chapters, with the first chapter entitled "Introduction to...
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Blank Note
Fojtů, Dominik ; Horáček, Vít (advisor) ; Čech, Petr (referee)
- Blank Note This thesis deals with blank note (incomplete instrument) as a particular subset of promissory notes/bills of exchange. It is comprised of a brief introduction on history of securities followed by a summarization of development of prommisory note, including its legislative history in the Czech Republic. International conferences aiming to unify the subject matter are also considered. The main body of the text aims to define the incomplete instrument; the definitions itself subsequently subdivided to provide comprehensive description of form, minimal content of the instrument, demands placed on signature and on the intent of parties to create an inchoate note. A whole individual chapter investigates one of the crucial elements typical of incomplete instrument, which is authority to fill in empty spots as given by the signee to a holder. Thus, its goal is to illustrate its nature and the ways it can originate and terminate. It being the crucial issue of many litigations concerning a once incomplete promissory note, particular attention is given to termination of such authority while the largest part of this chapter looks at application of licence to fill in violation of the authority given. In this context, a brief description of possible penal repercussions follows. The thesis also...
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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
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 Principle of Bill of Exchange Strictness (Rigor Cambii) and its Reflection in the Czech Substantive and Procedural Regulation of Bills of Exchange
Preus, Pavel ; Zahradníčková, Marie (advisor) ; Černá, Stanislava (referee)
The purpose of my thesis, bearing the title "The principle of draft rigorousness (rigor cambii) in the perspective of Czech substantive and procedural law", is to analyze the term of draft rigorousness as well as to consider its influence on chosen institutes of the draft law. The reason to choose such topic for my thesis is my deep interest in this area of law, thanks to its precise regulation and rich history of evolvement of individual draft institutes. The paper is divided into five parts, where the introductory part is followed by three major chapters and the conclusion. The first of the chapters is called The Draft rigorousness, the second The Term of draft rigorousness and the third The Individual categories of draft rigorousness. The first chapter briefly outlines the characteristics of draft law as such with reference to the rigorousness of draft law in comparison to the general legal regulation. Furthermore it provides a comparison of the continental and Anglo-Saxon draft law in terms of formality and rigorousness of the regulation. The second chapter of my thesis focuses on the term of draft rigorousness itself and attempts to define its substantiality. The issue studied is whether to understand the term of draft rigorousness only as an attribute of the draft regulation, or if it should...
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Concept of a Bill of Exchange and Promissory Note and its Types
Čujan, Radomír ; Zahradníčková, Marie (advisor) ; Černá, Stanislava (referee)
Abstract/ Concept of a bill of exchange and promissory note and its types The purpose of my thesis is to provide an introduction to the concept of a bill of exchange and promissory note particularly regarding its substantial requirements and stipulations. The thesis consists of five chapters. Chapter One provides an introduction into the history of bills of exchange. It mainly deals with the unification of legal regulations in Europe and with the process of evolution of legal regulations of both promissory notes and bills of exchange in Czech Republic. Chapter Two of the thesis is the basic introduction into the concept of a bill of exchange and a promissory note as a security, which is also, together with Chapter Three, dealing with the parties to the promissory note and bill of exchange. This chapter provides necessary introduction and basis for the next chapters four and five. Chapter Four is called "Substantial requirements of the bill of exchange". This chapter is one of the key parts of the whole thesis and it describes in detail all the substantial requirements of the bill of exchange. In situations where specialized literature does not provide unanimous point of view on some issues, the thesis provides with different perspectives of views held by authors often supported with judgments of the courts....
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Legal Aspects of a Bill of Exchange as a Security Instrument
KREJČÍŘOVÁ, Dominika
This bachelor's thesis dedicates to bills of exchange, their historical development, legislation and their entering into accounts of double-entry bookkeeping. In addition to the in-depth interview, one of the goals was to create an internal regulation which would be an aid for employees of the company. The document tries to prevent from formation of complicated bill of exchange processes and relationships that might cause confusing circumstances leading to bill of exchange misuse by other participants or to debts. The last part of the work shows fictitious examples of the bill of exchange, the promissory note and the bill of exchange endorsement.
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The Bills in the Czech Market
CHROMÁ, Eva
This bachelor´s thesis focuses on the use of the bills in these days. It regards the differences between theoretical possibilities in the usage of bills and the actual usage in reality. The thesis defines the bill as a type of stock, describes historical and legislative aspects of its usage, summarizes the terms of use of the bill and describes its functions. The applied part of the thesis focuses on the premises and terms of use of the bills in these days. Using a questionnaire, the thesis identified the level of knowledge about bills among public, based on a discussion with an expert it tries to point the future of the bills.
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Bills of exchange and promissory notes in practice
Průchová, Vlasta ; Češková, Marie (advisor) ; Kříž, Radim (referee)
The graduation thesis deals with bills of exchange/promissory notes with the focus on their present possibilities of use. Thus, the thesis combines the legal point of view with the practical point of view. First part of the thesis provides basic information about bills of exchange/promissory notes and their specific qualities. Furthermore, this part concerns about declarations made on them such as acceptance, aval and endorsement. The second part focuses on economic importance of bills of exchange/promissory notes and reveals different functions bills of exchange/promissory notes can have. At the end there is an overview summing up both parts.
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