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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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Abuse of the institution of bill of exchange and promissory note
Klimenta, Gabriel ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The purpose of the thesis is to provide a view into most significant modes of promissory note abusive conduct. This view consists of thorough analysis of sources, modes of operation, impacts and available prevention of issues related to promissory note and bill of exchange abuse. The domestic case law has been the primary source of the thesis. However, relevant literature and applicable laws have been reflected as well. The thesis is divided into four chapters. The first chapter deals with a brief historical introduction of the law of promissory notes and its deviations from private law concerning especially the ones related to promissory note abusive conduct. The current situation in the field of promissory notes in Czech Republic is also reviewed in this chapter. The second chapter is focused on the abstract nature of obligations arising from the promissory notes as from negotiable instruments. Furthermore, excessive claims based on security promissory note, separation of the security promissory note from secured receivable and abuse of the aval guarantee are introduced and examined. The third chapter provides a comprehensive view into incomplete instruments and agreements necessary to transfer them into negotiable instruments. The incomplete instrument abuse is also reviewed and distinguished...
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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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