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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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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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Bills of exchange as a hedge fund
Čejka, Radek ; Čech, Petr (advisor) ; Liška, Petr (referee)
Bills of exchange as a hedge fund Abstract In the past, a bill of exchange was linked to a payment instrument. It is not only the first ever security but also the predecessor of paper money. In the course of economic-sociological development, it was found that the promissory note could also serve as a hedging instrument within the framework of a contractual legal relationship. By gradually evolving, this hedging function became dominant and de facto displaced the bill of exchange function as a means of payment. Although the payment function has not explicitly disappeared, it is currently less used and the promissory note is dominated by the promissory note. Mostly, the notion of a promissory note is linked to its hedging function between the general public and the professional public. This thesis is divided into twelve chapters. In the first chapter I describe what a promissory note is and that it is a security. The second chapter is devoted to the description of bills of exchange in terms of their historical development, where the bill of exchange apparently originated, and mainly, why it was created and who used it. In the third chapter I describe the basic distribution of bills of exchange and the fact that the bill of exchange serves as a means of payment, as a payment instrument, or as a security...
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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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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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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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Securities with a focus on bills of exchange and promissory notes as important tools in business obligations
Chlpeková, Veronika ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
in English Securities with a focus of bills of exchange and promissory notes as important tools in business obligations The institute of securities accompanies the society for many centuries and has become an indispensable part of economic life. Although, with few exceptions represented apparently only by Slovak and Swiss legal order, there is no general definition of concept of security, it does not hinder to define its characteristics, which are the instrument, respectively any material substrate able to capture a written declaration of will and incorporated subjective property right originating in the private area. Of the above may be deduced the close connection between right and document, which is it's materialization. In connection with the development of social needs, especially in the area of trade, disadvantages of document that was originally considered as a necessary condition of the existence of a valid security, appeared. As a result, the process of dematerialisation of securities started and the document has been replaced by the entry in the register of securities. Nowadays, therefore, the securities may exist both in paper and in book entry form, what undoubtedly facilitate the implementation of some complicated business transactions. The presented thesis combines the interpretation...
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The bill of exchange as a security instrument
Charvátová, Hana ; Češková, Marie (advisor) ; Kříž, Radim (referee)
This thesis deals with the bill of exchange, which fulfils a specific funkction. It is s security for a debt. The thesis is divided into three parts. The first part is concerned with the legal regulations of the bill of exchange generally. The second part deals with the bill of exchange as a security for a debt. This part completes the first part. The last part is concerned with the practical use of the bill of exchange within the bank credit.
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