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Bill of exchange as a securing instrument
Rychlý, Matěj ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
A bill of exchange was historically used for payment purposes. However, over time it was figured out that it can designate as a securing instrument. Such a usage of a bill of exchange brings as well a series of theoretical and practical confusions. Therefore, one of the main aims of this thesis is to analyze a securing bill of exchange and examine and describe the different attributes and specifics that bind to it. Another main aim of this thesis is securing bill of exchange to be compared with another hedging instruments which are provided by civil law, such as the pledge and the suretyship. Because of this comparison it is easier to show if the bill of exchange is an appropriate securing instrument, and what are its strengths and weaknesses. As a working method is using analysis and comparison. The thesis is divided into nine chapters. The first chapter sets out the aims and the direction which the thesis will take and further outline of the content of each chapter. The second chapter deals with the general definition of a bill of exchange, lists the types of a bill of exchange that exist. It also defines the functions of a bill of exchange, where these functions are meant a tender, payment tool or securing instrument. The third chapter describes the essence of a securing bill of exchange, which...
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Bank guaranty
Stříbná, Kateřina ; Horáček, Vít (advisor) ; Liška, Petr (referee)
BANK GUARANTY Keywords * security instrument * New Civil Code * international legislation * Swiss legislation * Abstract This thesis sets a goal to give the survey about institute bank guaranty as a security instrument. Expect the introduction and conclusion this thesis is divided into four larger units. Its first part is dedicated to the institute bank guaranty in internal legislation. Here is given view of legislation, which was effective in the Czech Republic before the recodification of Private Law that means legislation of Commercial Code, as well as actually legislation, means legislation of New Civil Code. Comparison between both legislations offers specification of changes that happened in legislation of this institute within the recodification and also their evaluation. Within this comparison is described principle of the institute bank guaranty itself and legal relationships, which within this institute exist, to whose nearer understanding are here available diagrams, which these relationships represent. Second part of thesis gives a view of bank guaranty in international business relationship and legislation, which has established within the activity of International Chamber of Commerce in Paris and Committee of UNO for International Commercial Law and this issues regulate. Thesis concentrates...
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Release of security interest
Paličková, Eliška ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Abstract Release of a security interest The aim of this thesis is to provide comprehensive view on the institute called release of a security interest, which has been reintroduced in Czech law system within the process of recodification of private law. My intent is to introduce this legal form of the security interest not only in the context of the historical and legal development but also to include the basic provisions of law which currently applies to this institute as well as main attributes of released pledge, conditions of its creation and perfection within the context of general terms of the pledge. The thesis is divided into four parts, introduction, actual work is then divided into two blocks, thus the pledge (as a type of security interest), the security interest released and the final part. The first section is devoted to the right of the pledge such as the security instrument, its basic features, functions and very own existence of the pledge. The second part is dedicated to release of the security interest itself. This part is showed in with a historical excursion outlining the beginning of development of this institute. This work then reflects the current legislation explaining the release of the security interest in general, as well as in a special course with a focus on the realization of...
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Bill of exchange as a securing instrument
Rychlý, Matěj ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
A bill of exchange was historically used for payment purposes. However, over time it was figured out that it can designate as a securing instrument. Such a usage of a bill of exchange brings as well a series of theoretical and practical confusions. Therefore, one of the main aims of this thesis is to analyze a securing bill of exchange and examine and describe the different attributes and specifics that bind to it. Another main aim of this thesis is securing bill of exchange to be compared with another hedging instruments which are provided by civil law, such as the pledge and the suretyship. Because of this comparison it is easier to show if the bill of exchange is an appropriate securing instrument, and what are its strengths and weaknesses. As a working method is using analysis and comparison. The thesis is divided into nine chapters. The first chapter sets out the aims and the direction which the thesis will take and further outline of the content of each chapter. The second chapter deals with the general definition of a bill of exchange, lists the types of a bill of exchange that exist. It also defines the functions of a bill of exchange, where these functions are meant a tender, payment tool or securing instrument. The third chapter describes the essence of a securing bill of exchange, which...
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Bill of exchange as a securing instrument
Bartoníčková, Lenka ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
The aim of this diploma thesis is to determine the nature of the securing bill of exchange through the analysis of professional literature and relevant case law. The thesis is composed of eight chapters. The first chapter deals with the issue of securing instruments in general. It presents the main amendments which have been brought to the law of obligations by the recent recodification of the private law, especially to the securing instruments. This chapter mentions the characteristics and functions of the general securing instruments. This is followed by the presentation of the bill of exchange as a specific type of the securing instrument. The second chapter is completely devoted to the bill of exchange. It examines the functions of a bill of exchange in legal relations. This chapter also contains more detailed description of an agreement that provides the bill of exchange the disposition of the securing instrument. The following chapter not only defines the term bill of exchange but also concerns with the definition of security in view of the fact that this part of the law was amended by the recodification of the private law. This passage classifies the bill of exchange into the system of securities and emphasises especially the characteristics connected with its transfer. Chapter four...
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Bank guaranty
Stříbná, Kateřina ; Horáček, Vít (advisor) ; Liška, Petr (referee)
BANK GUARANTY Keywords * security instrument * New Civil Code * international legislation * Swiss legislation * Abstract This thesis sets a goal to give the survey about institute bank guaranty as a security instrument. Expect the introduction and conclusion this thesis is divided into four larger units. Its first part is dedicated to the institute bank guaranty in internal legislation. Here is given view of legislation, which was effective in the Czech Republic before the recodification of Private Law that means legislation of Commercial Code, as well as actually legislation, means legislation of New Civil Code. Comparison between both legislations offers specification of changes that happened in legislation of this institute within the recodification and also their evaluation. Within this comparison is described principle of the institute bank guaranty itself and legal relationships, which within this institute exist, to whose nearer understanding are here available diagrams, which these relationships represent. Second part of thesis gives a view of bank guaranty in international business relationship and legislation, which has established within the activity of International Chamber of Commerce in Paris and Committee of UNO for International Commercial Law and this issues regulate. Thesis concentrates...
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Bank guarantees in international trade
Zittová, Lenka ; Černohlávková, Eva (advisor) ; Vlčková, Veronika (referee)
Diploma thesis describes possibilities of securing selected risks using bank guarantee instrument, which is used primarily in international trade. The goal is to analyze securing of commercial and territorial risks using bank guarantees, characterize different types of bank guarantees and possibilities of using them on international markets. The first chapter presents risks in international trade and the most common methods of securing - documentary letters of credit, documentary collections, promissory notes, standby letter of credit. The second chapter is devoted to product bank guarantee, introduces types of bank guarantees, exposure process and methods of use. The third chapter presents the Uniform Rules for Demand Guarantees (URDG). The practical part explores the usage of bank guarantees in selected countries (Germany, Russia, USA, China, India) and describes different approach to this product. Thesis has to help readers quickly find their way in a relatively complicated topic of bank guarantees, especially in case of trading on international market. The last part can help in case of trading with specific countries.
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Hedging instruments in international business with the focus on bank guarantees
Mrázková, Jana ; Němečková, Iveta (advisor) ; Pavlík, Zdeněk (referee)
The thesis offers a detailed view of bank guarantees in comparison to other hedging instruments. The first chapter describes all types of the hedging instruments, highlighting the differences between the instruments and the bank guarantee, especially the differences in the rate of guarantee and price. Second chapter of the thesis focuses on bank guarantees -- describes the process of handling the guarantee in detail and offers a view of this issue from all parties involved, i.e. the bank, supplier and consumer. The last section of the thesis is a case study of a Czech company, which demonstrates the entire company strategy in the area of bank guarantees.
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Bank guarantees in international trade
Šebesta, Ondřej ; Nejedlý, Michal (advisor) ; Baluchová, Daniela (referee)
This thesis deals with the security instrument known as a bank guarantee which is becoming more popular nowadays not only in international trade, but also at the domestic level. The aim of the thesis is to introduce the topic of bank guarantees in the light of theoretical and then practical aspects. After the initial description of bank guarantees and putting forward various international uniform rules the thesis deals, in its second chapter, with different types of bank guarantees. The third chapter pays attention to support of export of the Czech Republic through bank guarantees and their insurance with state support. An important part of the thesis is also a comparison of claims resulting from authorised or unauthorised drawing on the guarantee.
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The use of bank guarantees in international business, focusing on a comparison of various territories.
Žák, Pavel ; Taušer, Josef (advisor) ; Černá, Iveta (referee)
This thesis deals with bank guarantees, an instrument widely used especially in the field of international trade. The aim of this thesis is to characterize bank guarantees and their application in commercial relations. In relation with the growing use of bank guarantees in international business, the customary treatment of this challenging banking instrument will be analyzed and compared in different regions of the world -- i.e. Turkey, Syria, Iran, countries in the Organization for the Cooperation Council of Arab Gulf Countries and the Organization for the Harmonization of Business Law in Africa, - with the international standards of the International Chamber of Commerce. This thesis may be helpful for understanding demand guarantees and, due to the lack of comprehensive information, it could assist companies that trade in the above areas and are required to issue a guarantee to their customers.
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