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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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Endorsement and other related institutes of the law of negotiable instruments
Oškrdová, Marcela ; Zahradníčková, Marie (advisor) ; Horáček, Tomáš (referee)
Endorsement and other related institutes of the law of negotiable instruments The rigorous thesis is dealing with the specific institutes of the negotiable instruments - endorsement, aval, protest and domicile. The thesis is divided into four parts marked with letter A - D. As the most important institute of the law of negotiable instruments, endorsement is described in Part A. The content and purpose of endorsement is concidered there as well as its different forms, types and effects. Part B of the thesis is focused on the problem of aval. At first, there are theoretical and legal principles of aval described with the reference to court decisions when suitable. At the beginning of part B there is a summary of the general securing institutes of civil law. Then, the specific securing institutes of the law of negotiable instruments are discussed. These two are included in the first chapter. The second chapter of the part B is dealing with the principles of accesority and subsidiarity of aval and possible subjects of aval. Afterwards, the requirements of form and content of aval are described. In the Part C the issue of protest is explained. In the first chapter the legal grounds of protest are disscused while the subjects of the process of protest are highlighted. After that the whole text oft he next chapter...
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Endorsement and other related institutes of the law of negotiable instruments
Oškrdová, Marcela ; Zahradníčková, Marie (advisor) ; Horáček, Tomáš (referee)
Endorsement and other related institutes of the law of negotiable instruments The rigorous thesis is dealing with the specific institutes of the negotiable instruments - endorsement, aval, protest and domicile. The thesis is divided into four parts marked with letter A - D. As the most important institute of the law of negotiable instruments, endorsement is described in Part A. The content and purpose of endorsement is concidered there as well as its different forms, types and effects. Part B of the thesis is focused on the problem of aval. At first, there are theoretical and legal principles of aval described with the reference to court decisions when suitable. At the beginning of part B there is a summary of the general securing institutes of civil law. Then, the specific securing institutes of the law of negotiable instruments are discussed. These two are included in the first chapter. The second chapter of the part B is dealing with the principles of accesority and subsidiarity of aval and possible subjects of aval. Afterwards, the requirements of form and content of aval are described. In the Part C the issue of protest is explained. In the first chapter the legal grounds of protest are disscused while the subjects of the process of protest are highlighted. After that the whole text oft he next chapter...
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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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