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Cover promissory note / Cover bill of exchange
Mařík, Jakub ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
Cover promissory note / Cover bill of exchange Abstract The diploma thesis focuses on the topic of a cover promissory note (also meant cover bill of exchange), currently referred to as a secured promissory note in practice and jurisprudence. The aim of the thesis is to provide a qualified answer to the question of whether the cover promissory note is of a secured nature or whether it is a consolidation instrument. This raises the further question of whether it is justified to call this instrument a secured promissory note. To achieve the aim of the thesis, the sub-features of the cover promissory note are analysed, which provide the basis for a qualified answer to the research question. The thesis is divided into eight chapters. A brief historical introduction in the first chapter serves to clarify the promissory note context. A significant contribution of this thesis is a comparison of the treatment of the domestic cover promissory note with the Anglo-Saxon cover promissory note, including an explanation of the differences in the acquisition of the promissory note. For background, the second chapter introduces the general promissory note concepts of the Anglo-Saxon promissory note law. The law of the cover promissory note is a combination of the law of bills of exchange and the contract law. The...
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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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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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