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Bill of exchange as a securing instrument
Brychta, Michal ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
The aim of the thesis is to give reader a 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. In spite of the fact that the aim of the thesis is concentrated on bill of exchange as securing instrument, the first chapter is devoted to issues of law of exchange in general. Within particular subchapters there is outlined the historical development of law of exchange in our country, including the sources of current legislation. Furthermore author explains...
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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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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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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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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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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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