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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 as a securing instrument
Rychlý, Matěj ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
A bill of exchange was historically used for payment purposes. However, over time it was figured out that it can designate as a securing instrument. Such a usage of a bill of exchange brings as well a series of theoretical and practical confusions. Therefore, one of the main aims of this thesis is to analyze a securing bill of exchange and examine and describe the different attributes and specifics that bind to it. Another main aim of this thesis is securing bill of exchange to be compared with another hedging instruments which are provided by civil law, such as the pledge and the suretyship. Because of this comparison it is easier to show if the bill of exchange is an appropriate securing instrument, and what are its strengths and weaknesses. As a working method is using analysis and comparison. The thesis is divided into nine chapters. The first chapter sets out the aims and the direction which the thesis will take and further outline of the content of each chapter. The second chapter deals with the general definition of a bill of exchange, lists the types of a bill of exchange that exist. It also defines the functions of a bill of exchange, where these functions are meant a tender, payment tool or securing instrument. The third chapter describes the essence of a securing bill of exchange, which...
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Selected institutes of the law of negotiable instruments
Oškrdová, Marcela ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
This Thesis concentrates on special instruments of the Bill of Exchange - aval, protest and domicile. The Paper describes their legal framework and currentcase law.The Thesis is divided into three parts, each of which is dedicated to one of the above mentioned institutes of the Bill of Exchange. A case fom author's law practice is included in the chapter dedicated to aval. It specifically elaborates on particularities of the Bill of Exhange avalation. The chapter about protest analyses the author's survey (2013)in which a couple of Czech municipal administrations were requested to certify a protest of a Bill of Exchange.
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Bill of exchange in a role of securing instrument
Brychta, Michal ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
The aim of the thesis is to provide a wide treatise about specific use of bill of exchange as a securing instrument. The promissory note as a debtor security may take various economic life functions. Since the inception of law of exchange it was primarily the medium of payment, whereas the securing function was developed much later. Actually a relative novelty of securing function of bill of exchange leads to a wide range of issues that need to be resolved in connection with its use. In particular, it is absolutely necessary to realize that the obligation incorporated into promissory note will be regardless of its function always the obligation abstract and individual. The above mentioned abstract and individual obligation is mainly manifested in a different connection to the secured obligation, which is much more fragile than in case of use of standard securing obligations that are on the contrary characteristic by accesority and subsidiarity. As an introduction is included a passage in which the author attempts to summarize the major changes brought by the new private law in relation to bill of exchange as securing instrument, including a brief consideration of the terminology of the new Civil Code in relation to the confirmation and security of obligations . In spite of the fact that the aim of...
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Bill of exchange as a securing instrument
Bartoníčková, Lenka ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
The aim of this diploma thesis is to determine the nature of the securing bill of exchange through the analysis of professional literature and relevant case law. The thesis is composed of eight chapters. The first chapter deals with the issue of securing instruments in general. It presents the main amendments which have been brought to the law of obligations by the recent recodification of the private law, especially to the securing instruments. This chapter mentions the characteristics and functions of the general securing instruments. This is followed by the presentation of the bill of exchange as a specific type of the securing instrument. The second chapter is completely devoted to the bill of exchange. It examines the functions of a bill of exchange in legal relations. This chapter also contains more detailed description of an agreement that provides the bill of exchange the disposition of the securing instrument. The following chapter not only defines the term bill of exchange but also concerns with the definition of security in view of the fact that this part of the law was amended by the recodification of the private law. This passage classifies the bill of exchange into the system of securities and emphasises especially the characteristics connected with its transfer. Chapter four...
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The concept of a bill of exchange and promissory note
Šodková, Karin ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
- The concept of a bill of exchange and promissory note The topic of the master thesis is "The concept of a bill of exchange and promissory note". This topic has been chosen for its attractiveness, topicality and difficulty. The author's work experience was the motivation for the selection of this topic. The objective of the diploma thesis is to give a characterization of the bill of exchange and promissory note, to explain what kinds of them exist and to analyse their essential elements. The diploma thesis is structured into eight chapters. The first chapter introduces the issue of bills of exchange and promissory notes and outlines the objectives of the thesis. The second chapter discusses briefly the history of the bill of exchange and promissory note and of the bill of exchange law at all. It is divided into three sections in which it is referred to the origin of the bills of exchange, to the historical importance of the bill of exchange law and especially to the international dimension, which the bill of exchange law acquire and which contributes to almost perfect current legislation in our country. The third chapter is devoted to the sources of exchange law in the Czech Republic and to the relations between them. The greatest attention is dedicated to the bill of exchange and check act number...
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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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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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