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Bills of exchange in the recent practice with special regard to types and admissibility of causal objections and relating decision-making
Švarc, Jan ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
in English The thesis aims especially on questions concerning law of exchange which are not satisfactorily answered yet neither by academical community nor by judicial decisions made by the Czech courts and those which should be, from the point of my view, answered differently. In the first chapter, I tried to critically review various doctrinal definitions of bill of exchange and to draw up my own definition which affects bill of exchange complexly in its entireness. Second chapter is divided into three subdivisions chronologically. First subdivision refers to proofs of ancient documents congenial to contemporary bills of exchange. I have come to conclusion that the existence of bills of exchange can be proven as far as the beginning of the first millenium. Institute simmilar to the one of bill of exchange may be found in the Roman civil law. The second subdivision of second chapter assays medieval bills of exchange very thoroughly more than any other thesis on the same subject. All my ideas given are supported by quotations. The third subdivision briefly explains development of law of exchange in the modern period. The third chapter is dedicated to the general purpose of law of exchange and its modern usage with extra amount of attention paid to blank bills of exchange and collateral drafts....
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The bill of exchange and its application in practice
MARÝŠKOVÁ, Nikola
This Thesis has focused on the topic of "The bill of exchange and its application in practice". This work is devided into chapters and sub-chapters. After the introduction there is a literature search in which it was necessary to deal with the historical development of the bills of exchange and their regulations. In the second part of the literature search there are briefly introduced basic kinds of bills of exchange charged in Czech law. The another part of the literature review is devoted to a brief characteristics of the participants of bills of exchange relations. The conclusion of the literature review focuses on disposition of bills, characteristic of court proceedings and the issue of application of the objections in this proceeding. The practical part continues these problems. Its first chapter deals with the definition of the bills for accounting and processing of application examples on accounting bills. Finally there is a chapter on the tax implications of the depository and non-depository bills of exchange. In the second main section are demonstrated specific examples of bill of exchange aplication in business relations. Also, there is indicated the process of exchange proceeding and the way of enforcement the exchange sum including the issue of application of objections.
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Bill formalism and development of its concept in the judicature
Špotová, Jana ; Kříž, Radim (advisor) ; Hásová, Jiřina (referee)
The topic of this thesis is bill formalism and development of its concept in the judicature. The thesis deals mainly with requirements of a bill of exchange, which are set by law, as well as with the effect of the failure to meet the correct form of these requirements on validity of bills of exchange. This issue is analysed especially with regard to its concept in the Czech judicature. The first chapter deals with theoretical aspects of the topic, namely with description of the basic legal regulation of exchange law, the characteristics of a bill of exchange and defining the kinds of bills and special types of them. The second chapter focuses on basic requirements of a bill of exchange set by law, which are analysed in particular with regard to their impact on the validity of the bill of exchange. Individual parts of the chapter deal with the following requirements of bills of exchange: 1.indication that it is a bill of exchange, included in the text of the instrument, expressed in the language in which the instrument is drawn up, 2. unconditional order (promise) to pay a certain financial sum, 3. the name of who is to pay, 4. information on maturity, 5. information on the place where payment is to be, 6. the name of the person to whom or to whose order payment is to be, 7. date and place of issue of bill of exchange, 8. signature of the drawer. The third chapter contains issue that is closely connected with the introduction of the above-mentioned requirements on a bill of exchange and which also reflects the formal character of a bill of exchange. The first part of this chapter concentrates on the bill forms, with whose character certain specific problems are related. The second part of this chapter deals with issues of graphic layout of a bill, which has also significant importance in terms of bill formalism.
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The Concept and Types of Bills of Exchange and Promissory Notes
Bartoníčková, Lenka ; Moravec, Tomáš (advisor) ; Neděla, Radek (referee)
This bachelor thesis characterizes a specified field of the law of bills of exchange that deals with the concept and the nature of the bill of exchange, especially from the point of view of its classification into the system of securities, with more detailed focusing on the requirements of the bill of exchange, its parties and its classes through the analysis of professional literature and relevant case law. The thesis points out the main amendments which have been brought to the law of bills of exchange and the law of securities by the recodification of the private law that has been in effect in Czech Republic since 1. 1. 2014. The thesis was composed by the method of description with elements of analysis and synthesis. The individual legal institutes are described, analytically examined and evaluated. There are presented their mutual connections and the view of the problematic as a whole as well.
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Comparison of hedging instruments in international trade
Štrossová, Šárka ; Němečková, Iveta (advisor) ; Hinčica, Vít (referee)
The thesis is divided into two parts -- theoretical and practical. In first part hedging instruments, namely the Letter of Credit, Documentary Collection, Bill of Exchange, Factoring, Forfaiting and Bank Guarantee are analyzed. The aim of analysis is to describe the basic characteristics of instruments and course of these instruments. Subsequently, the instruments are compared to each other on the basis of the advantages and disadvatages they bring to participants. The next part is devoted to an analysis of charges associated with the use of particular hedging instruments in selected banks and the comparison of instruments based on selected criteria. The specific use of the hedging instrument is shown in the case study.
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Změny v používání směnek od roku 2013 a jejich možné ekonomické důsledky
Vrba, Filip
Vrba, F.,. Bachelor thesis. Brno: Mendel University in Brno, 2013 The thesis is focused on the practice of the bill in the Czech Republic. It is divided into two parts - a literature review and practical. The first part describes the characteristics of bills and identifies critical features that allow its misuse. The practical part is focused on consequences that bring Act No. 43/2013 Coll., An amendment to the Consumer Credit Act. Result of this work is to describe and evaluate the consequences of the amendment bill into law brings experience.
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Security Institutes of Civil Law
MARÝŠKOVÁ, Nikola
This Bachelor´s Thesis has focused on the topic of "Security Institutes of Civil Law" and deals with security institutes like a contractual fine, surety, lien and securing bill of exchange. This work is devided into chapters and sub-chapters. After the introduction there is a literature search, that contains the characterization of the contractual legal relationship and the definition of the basic concepts of the law of contract. In the second part of the literature search there are selected security institutes, that are used in the Czech law. Individual sub-chapters of the comparative part are devoted to comparing of security institutes mentioned in the literature search from the standpoint of the legislation in effect prior to 1.1.2014, and from that date. The practical part continues these problems. Here we can find the process of the accounting of contractual penalties and interest rates for late payment. This chapter also deals with the definition of bills of exchanges from the standpoint of accountancy their accounting and writing own bills and someone else's bills.
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Bills of Exchange and Promissory Notes and Their Role in International Business
Jinoch, Pavel ; Černohlávková, Eva (advisor) ; Chaloupka, Jiří (referee)
The objective of this thesis is to analyze the functioning of bills of exchange/promissory notes in selected areas of international business, with an emphasis on their security and credit functions. The subject of the first chapter is the introducing the parties involved in bills of exchange, then the specification of the essentials of this instrument and the description of the main effects resulting from the use of clauses. The core of this chapter is the analysis of bills of exchange transactions. The second chapter deals with possibilities of using this commercial paper in the following banking products -- documentary credit, documentary collection, discount credit and forfeiting. The last chapter is dedicated to the analysis of a blank bill, with particular emphasis on the risks connected with this security instrument.
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Securing of contractual obligations in the international trade (economic and legal aspects)
Mišoň, Petr ; Švarc, Zbyněk (advisor) ; Koucká, Jiřina (referee)
The first part of the thesis deals with a description of legal relationships in the international trade and explains the term "international element." Further there is a short description of private international law and international trade law. The second part of the thesis is focused on securing of contractual obligations in the international trade. The third part concerns with explanation of the basic forms of legal relationships in the international trade regulation with regard to securing of contractual obligations. The final part of the thesis deals with a description of securing instruments used in the international trade. At the end of this part there are listed factors which influence the choice of a suitable securing instrument.
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The Bill and real possibilities of its use in the practice of Czech banks
Knéblová, Hana ; Půlpánová, Stanislava (advisor) ; Teplý, Petr (referee)
The thesis on "The Bill and real possibilities of its use in the practice of Czech banks" is focused on the characteristics of bills as a directing and payment instrument and possible ways of its use, taking into account both economic and legal aspects. This work includes a wide range of banking products, in which the bills are used, indicating their advantages and disadvantages too. The conclusion provides justification for attractiveness of bills for the banks, but also the reasons for which it is viewed by public with some skepticism.
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