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Bill of exchange proceedings in the Czech Republic
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis named "Bill of exchange proceedings in the Czech Republic" describes the course of bill of exchange proceedings under the Czech law from its commencement, issuing of a decision on merits till the enforcement of the decision. The thesis focuses on the specifics of the bill of exchange proceedings as a summary proceedings and issues which arise out of it. It deals with problems connected with the new legislation governing from January 1, 2014 the delivery of the judicial order to pay in a form of bill. It looks on the position of a drawee in the hearing where his objections against the judicial order to pay in form of a bill are considered. The thesis deals with the issue of admissibility of objections and the 15 days period to file the objections. It considers the position of drawees - defendants which are in separate joinder of parties on the side of defendants. If also focuses on new institutes connected with deciding about costs of the proceedings. The first chapter discuss a bill of exchange as a security. The following chapters (second till sixth) in accordance with the course of the proceedings deals with the action with a motion to issue a judicial order to pay in a form of bill, its issuance, delivery and with the hearing of the objections. The activity of the court before...
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Objection to the judicial order to pay in a form of bill and proceeding concerning them
Černý, Václav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the problematic of objections to the judicial order to pay in a form of bill as a form of process defence within the order proceedings, whose object is a bill of exchange. Bill of exchange proceedings, judicial order to pay in a form of bill, and also objections to the judicial order to pay in a form of bill and proceeding on them, are in our legal order for more than 120 years, however, they have not undergone any significant changes. Despite this rigidity, social relations bring new facts and circumstances, which courts have duty to deal with. For these reasons, this thesis analyses and describe process, which leads to the issue of judicial order to pay in a form of bill, but most importantly specific objections, that defendants can state as a procedural defence in this kind of proceeding. However, number of those objections are infinite, just because every legal relation is unique in its own way, therefore any legal relation can bring new kinds of objection, that has not yet been raised before. On the other hand, defendants are bound by certain rules in this kind of proceedings, that can create a situation, when certain objections cannot be raised, or they will not have intended purpose, which is to overrule the judicial order to pay in a form of bill. Part of this thesis...
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Bill of exchange proceedings in the Czech Republic
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis named "Bill of exchange proceedings in the Czech Republic" describes the course of bill of exchange proceedings under the Czech law from its commencement, issuing of a decision on merits till the enforcement of the decision. The thesis focuses on the specifics of the bill of exchange proceedings as a summary proceedings and issues which arise out of it. It deals with problems connected with the new legislation governing from January 1, 2014 the delivery of the judicial order to pay in a form of bill. It looks on the position of a drawee in the hearing where his objections against the judicial order to pay in form of a bill are considered. The thesis deals with the issue of admissibility of objections and the 15 days period to file the objections. It considers the position of drawees - defendants which are in separate joinder of parties on the side of defendants. If also focuses on new institutes connected with deciding about costs of the proceedings. The first chapter discuss a bill of exchange as a security. The following chapters (second till sixth) in accordance with the course of the proceedings deals with the action with a motion to issue a judicial order to pay in a form of bill, its issuance, delivery and with the hearing of the objections. The activity of the court before...
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