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National Repository of Grey Literature 1 records found  Search took 0.01 seconds. 
Substantive and procedural defense against the abuse of security promissory note
 Klimenta, Gabriel ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The purpose of the thesis is to provide an overview of the debtor's defense against the securing promissory note misuse. This concerns both available preventive measures executable before the issue of the promissory note and subsequent legal motions in the civil contentious proceedings, decision enforcement, insolvency and redemption proceedings. The domestic case law has been the source of the thesis, however, the relevant literature and applicable laws have been taken into account as well. The thesis consists of seven chapters. The first chapter deals with a brief theoretical introduction of the applicable laws, securing promissory note abstract nature and appropriate purpose of the securing promissory note. The incomplete instruments and ownership transfers issues are also covered. The second chapter focuses on the specific abusive actions related to the securing promissory note. This concerns particularly excessive claims accompanied by debtor's defense elimination. Forgery and aval guarantee abuse conduct related to the securing promissory note are reviewed as well. The third chapter provides a comprehensive view into substantive acts to be carried out in order to avoid risks when issuing the securing promissory note and when paying the promissory note debts. The forth chapter describes key...
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