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The Principle of Bill of Exchange Strictness (Rigor Cambii) and its Reflection in the Czech Substantive and Procedural Regulation of Bills of Exchange
Preus, Pavel ; Zahradníčková, Marie (advisor) ; Černá, Stanislava (referee)
The purpose of my thesis, bearing the title "The principle of draft rigorousness (rigor cambii) in the perspective of Czech substantive and procedural law", is to analyze the term of draft rigorousness as well as to consider its influence on chosen institutes of the draft law. The reason to choose such topic for my thesis is my deep interest in this area of law, thanks to its precise regulation and rich history of evolvement of individual draft institutes. The paper is divided into five parts, where the introductory part is followed by three major chapters and the conclusion. The first of the chapters is called The Draft rigorousness, the second The Term of draft rigorousness and the third The Individual categories of draft rigorousness. The first chapter briefly outlines the characteristics of draft law as such with reference to the rigorousness of draft law in comparison to the general legal regulation. Furthermore it provides a comparison of the continental and Anglo-Saxon draft law in terms of formality and rigorousness of the regulation. The second chapter of my thesis focuses on the term of draft rigorousness itself and attempts to define its substantiality. The issue studied is whether to understand the term of draft rigorousness only as an attribute of the draft regulation, or if it should...
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Selected institutes of the law of negotiable instruments
Oškrdová, Marcela ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
This Thesis concentrates on special instruments of the Bill of Exchange - aval, protest and domicile. The Paper describes their legal framework and currentcase law.The Thesis is divided into three parts, each of which is dedicated to one of the above mentioned institutes of the Bill of Exchange. A case fom author's law practice is included in the chapter dedicated to aval. It specifically elaborates on particularities of the Bill of Exhange avalation. The chapter about protest analyses the author's survey (2013)in which a couple of Czech municipal administrations were requested to certify a protest of a Bill of Exchange.
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The concept and types of bills of exchange and promissory notes
Konečná, Veronika ; Zahradníčková, Marie (advisor) ; Čech, Petr (referee)
The topic of my diploma thesis is "The Concept and Types of Bills of Exchange and Promissory Notes". The reason, why I chose this theme, is my interest in business law and in particular in the securities law. However, the main motivation which led me to analyze this legal sphere, were anteriorly my previous work experiences. From the plenty of cases I have had the opportunity to see, emerged for me a surprising conclusion, namely that the participants of the bill relationships are often not in a significant amount familiar with the essential content requirements of a bill of exchange as a security, which in the case concerned led to serious and thoroughly negative consequences. It is obvious that a bill of exchange represents for a general public not easily understandable problematic which requires precision and excellent knowledge of law. For this reason I have paid attention to the issue of essential appurtenances of a bill of exchange whose presence is demanded by law and without their remark a bill of exchange is fundamentally not valid document. The goal of this diploma thesis is to analyze and characterize a bill of exchange as a legal instrument and to define its basic attributes in a view of the fact that in the Bill of Exchange and Cheque Act, not even in other legal rules including...
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Concept of a Bill of Exchange and Promissory Note and its Types
Čujan, Radomír ; Zahradníčková, Marie (advisor) ; Černá, Stanislava (referee)
Abstract/ Concept of a bill of exchange and promissory note and its types The purpose of my thesis is to provide an introduction to the concept of a bill of exchange and promissory note particularly regarding its substantial requirements and stipulations. The thesis consists of five chapters. Chapter One provides an introduction into the history of bills of exchange. It mainly deals with the unification of legal regulations in Europe and with the process of evolution of legal regulations of both promissory notes and bills of exchange in Czech Republic. Chapter Two of the thesis is the basic introduction into the concept of a bill of exchange and a promissory note as a security, which is also, together with Chapter Three, dealing with the parties to the promissory note and bill of exchange. This chapter provides necessary introduction and basis for the next chapters four and five. Chapter Four is called "Substantial requirements of the bill of exchange". This chapter is one of the key parts of the whole thesis and it describes in detail all the substantial requirements of the bill of exchange. In situations where specialized literature does not provide unanimous point of view on some issues, the thesis provides with different perspectives of views held by authors often supported with judgments of the courts....
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Elements of Promissory Note
Beránková, Kateřina ; Liška, Petr (advisor) ; Zahradníčková, Marie (referee)
Elements of Promissory Note Abstract The rigorous thesis is dealing with the matter of elements of a promissory note, the thesis goes through particular elements in detail and explains how to include them on the promissory note so that the note is a valid security. Alongside the examples of writing elements of a promissory note that cause nullity of promissory note are given, which come from decision-making process of the courts. The elements of promissory note are analysed one by one depending on division to obligatory elements, facultative elements and subsidiary elements. The thesis primarily works with judicial decisions which are the main source of knowledge in this thesis. The rigorous thesis is apart from introduction and conclusion divided into seven chapters. The largest part of description and analysis is dedicated to obligatory elements of promissory note and to facultative elements enumerated in article I. s. 75 of Bill of Exchange and Cheque Act, which are the most common for the promissory note. First chapter focuses on term of promissory note, its substance, characteristics and general definition of elements of promissory note. Second chapter analyses substantial elements of promissory note which are clause of promissory note, unconditional promise to pay certain amount of money, name of...
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Application of a securing promissory note in judicial proceedings in the light of recent case law
Svobodová, Karolina ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
AABSTRACTBSTRACT The aim of this thesis is to provide a comprehensive view on the issue of promissory notes as a guarantee in legal relations. It is supposed to serve both the debtor in building up his defense and the creditor in the evaluation of the risks he may face during the application of his promissory note. Apart from reference books and legislation, the main source used is the analysis of the case law and its contribution to the topic. This thesis is divided into four chapters. General issues are the theme of the first chapter with the focus on the signature and necessary entries on the note. Then the core of the hedge bill is questioned, concerning especially the nature of the securing contract, which is the reason of the guarantee function of the note and consequences associated with the transfer of the note. The second chapter is focused on the bilateral rights and obligations connected with the note and its secured claim, the risk of abuse of negotiable instruments and also the admissibility of causal objections in the case of the endorsement. Following that, suggestions of the possible defense against the abuse are proposed. The third chapter is devoted to procedural issues and the specifics of the procedure in this matter. The payment order is then discussed as well as the nature of the...
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The concept and types of bills of exchange and promissory notes
Blaha, Michal ; Zahradníčková, Marie (advisor) ; Čech, Petr (referee)
- 1 - Abstract The topic of my diploma thesis is "The concept and types of bills of exchange and promissory notes". The reason why I chose this topic is my interest in securities law, especially in bill of exchange law, and my previous work experience. I regularly work with bill of exchange law in my employment so this is a reason why I have decided to expand my knowledge of this particular law. The bill of exchange and check act number 191/1950 Coll., as amended, is the basis of legislation for this kind of law in the Czech Republic. The most significant advantage of this act is the constancy, which is given by the general method of treatment of this issue. This advantage can be considered as one of the main disadvantages too, because the solution of unique issues is left to case law and literature. This is a reason, why the core of this diploma thesis is chapter 5, where I analyse the essential requirements of bill of exchange and promissory note. Also the issue of graphical design is a very interesting and actual topic. The diploma thesis is structure into seven chapters. The first chapter is devoted to the historical development of bill of exchange and promissory note. This chapter contains also the historical development of individual institutes of bill of exchange law. The second chapter discusses the...
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Elements of Promissory Note
Beránková, Kateřina ; Liška, Petr (advisor) ; Zahradníčková, Marie (referee)
Elements of Promissory Note Abstract The rigorous thesis is dealing with the matter of elements of a promissory note, the thesis goes through particular elements in detail and explains how to include them on the promissory note so that the note is a valid security. Alongside the examples of writing elements of a promissory note that cause nullity of promissory note are given, which come from decision-making process of the courts. The elements of promissory note are analysed one by one depending on division to obligatory elements, facultative elements and subsidiary elements. The thesis primarily works with judicial decisions which are the main source of knowledge in this thesis. The rigorous thesis is apart from introduction and conclusion divided into seven chapters. The largest part of description and analysis is dedicated to obligatory elements of promissory note and to facultative elements enumerated in article I. s. 75 of Bill of Exchange and Cheque Act, which are the most common for the promissory note. First chapter focuses on term of promissory note, its substance, characteristics and general definition of elements of promissory note. Second chapter analyses substantial elements of promissory note which are clause of promissory note, unconditional promise to pay certain amount of money, name of...
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The concept and types of bill of exchange
Čeřovská, Jitka ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
- The concept and types of bill of exchange The topic of this thesis is "The concept and types of bill of exchange". The reason for choosing this topic has been my interest in bill of exchange law, which was awaken by my own experience with a bill of exchange on one hand and by the gripping seminars of subject called "Bills of Exchanges", which is taught at the Faculty of Social Sciences of the Charles University in Prague, on the other hand. The aim of the thesis is to characterize the bill of exchange and promissory note, to define their basic characteristics, to explain, what kind of them exist and to analyze their basic requirements. The thesis is composed of six chapters. The first chapter discusses the history of bill of exchange and promissory note. It is divided into three sections that deal with the origin and both national and international development of bill of exchange law. The second chapter is devoted to the current legislation of bill of exchange law. It introduces the sources of bill of exchange law and relations between them and the most specific characteristics of the bill of exchange law, which is rigor cambialis. The third chapter, which consists of three sections, defines the concept of bill of exchange and promissory note, provides a list of their features and the most...
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Selected institutes of the law of negotiable instruments
Oškrdová, Marcela ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
This Thesis concentrates on special instruments of the Bill of Exchange - aval, protest and domicile. The Paper describes their legal framework and currentcase law.The Thesis is divided into three parts, each of which is dedicated to one of the above mentioned institutes of the Bill of Exchange. A case fom author's law practice is included in the chapter dedicated to aval. It specifically elaborates on particularities of the Bill of Exhange avalation. The chapter about protest analyses the author's survey (2013)in which a couple of Czech municipal administrations were requested to certify a protest of a Bill of Exchange.
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