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Security of Debts
Machová, Lenka ; Jelínková, Martina (referee) ; Musilová, Helena (advisor)
The key focus of my thesis is to determinate guidelines for protection against liabilities within a company. The theoretical conclusions are subsequently applied in the practical section using a sample of a specific company. The proposal establishes a direction to take in order to fully safeguard the specific case including guarantee documents.
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Blank Bill
Koncer, Nikola ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
Incomplete instrument is an institution in practice quite often used, but which raises a number of issues stemming mainly from its fragmentary legislation. The aim of my work is primarily to explore related issues, to confront conflicting views of theorists, to deal with the mismatch between theory and conclusions of the courts and in a case I find such to add my own opinion in a contentious area. The result should be a comprehensive presentation of incomplete instrument including the benefits and risks which this certainly interesting institute holds. Admissibility of incomplete instrument has been controversial issue for a long time. Especially the business practice established the existence of deeds that are not rightful Bills of Exchange or other securities as they don't contain all the particulars required by law, yet give its owner confidence that, if effort is made, they can be transformed into the proper Bills of Exchange. These documents are called Incomplete instruments. If we search for the essence of incomplete instrument, then it can be relatively easily determined even from its very name of which can be seen that this is a deed containing white spaces intended for later additions. Incomplete instrument is a precursor of future Bills. It is a deliberate deed issued in incomplete form,...
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Bills of exchange in the recent practice with special regard to types and admissibility of causal objections and relating decision-making
Švarc, Jan ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
in English The thesis aims especially on questions concerning law of exchange which are not satisfactorily answered yet neither by academical community nor by judicial decisions made by the Czech courts and those which should be, from the point of my view, answered differently. In the first chapter, I tried to critically review various doctrinal definitions of bill of exchange and to draw up my own definition which affects bill of exchange complexly in its entireness. Second chapter is divided into three subdivisions chronologically. First subdivision refers to proofs of ancient documents congenial to contemporary bills of exchange. I have come to conclusion that the existence of bills of exchange can be proven as far as the beginning of the first millenium. Institute simmilar to the one of bill of exchange may be found in the Roman civil law. The second subdivision of second chapter assays medieval bills of exchange very thoroughly more than any other thesis on the same subject. All my ideas given are supported by quotations. The third subdivision briefly explains development of law of exchange in the modern period. The third chapter is dedicated to the general purpose of law of exchange and its modern usage with extra amount of attention paid to blank bills of exchange and collateral drafts....
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Blank Note
Fojtů, Dominik ; Horáček, Vít (advisor) ; Čech, Petr (referee)
- Blank Note This thesis deals with blank note (incomplete instrument) as a particular subset of promissory notes/bills of exchange. It is comprised of a brief introduction on history of securities followed by a summarization of development of prommisory note, including its legislative history in the Czech Republic. International conferences aiming to unify the subject matter are also considered. The main body of the text aims to define the incomplete instrument; the definitions itself subsequently subdivided to provide comprehensive description of form, minimal content of the instrument, demands placed on signature and on the intent of parties to create an inchoate note. A whole individual chapter investigates one of the crucial elements typical of incomplete instrument, which is authority to fill in empty spots as given by the signee to a holder. Thus, its goal is to illustrate its nature and the ways it can originate and terminate. It being the crucial issue of many litigations concerning a once incomplete promissory note, particular attention is given to termination of such authority while the largest part of this chapter looks at application of licence to fill in violation of the authority given. In this context, a brief description of possible penal repercussions follows. The thesis also...
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Exclusion of limitation of right to completion of a blank bill of exchange
Slavíček, Jan ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Exclusion of limitation of right to completion of a blank bill of exchange Abstract Blank bill of exchange is an intentionally incomplete instrument that is meant to be fulfilled in order to become a complete bill of exchange. The owner of the blank bill of exchange exercises his/her right to fulfill a blank bill of exchange by completing the prearranged requirements. The thesis focuses mainly on the time limitation of the right to fulfill a blank bill of exchange. The fulfillment of a blank bill of exchange is performed by the owner of a blank bill of exchange by exercising his right to fulfill a blank bill of exchange. This thesis focuses on the time limitation of the right to fulfill a blank bill of exchange. By exercising this right, the owner of a blank bill of exchange validates the bill of exchange. The absence of time limitation becomes especially significant when the maturity date of the bill of exchange is missing. In these circumstances, the owner of a blank bill of exchange has no time limitation for executing his right. According to the constant case-law of the Supreme Court of the Czech Republic, the right to fulfill a blank bill of exchange shall not be subject to the Statute of Limitations or any other time limitation. The presented thesis addresses the question as to whether the right to...
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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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Payment and security function of bills of exchange and cheques
Rác, David ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
A bill of Exchange was originally used as payment instrument. Recently, it is mostly used as securing instrument. This purpose was mainly evolved by legal practice and its legislation could be problematic and unclear for laymen. The main aim of this thesis is to analyze a bill of exchange as a securing instrument. Further attention is paid to the function of payment. However, the bill of exchange and check are both regulated in identical law, so to some of its institutes I also describe a checks. The main attention of my thesis is devoted to the securing purpose of the bill of exchange. There I describe the specifics of this instrument in the comparison of other civil securing instruments. Due to this contrast, it can be said, that the bill of exchange gives the creditor some significant advantage on one hand, but finds some insuperable limits on the other hand. My thesis is divided into five chapters. The first chapter describes the historical development of bills of exchange and check, and the circumstances under which these institutions were created. The second chapter deals with the exchange and check law, their rules, the systematic inclusion of this branch of law and the basic peculiarities are defined. The third chapter is devoted to a general definition of the bill of exchange, describes...
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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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Blank Note
Fojtů, Dominik ; Horáček, Vít (advisor) ; Čech, Petr (referee)
- Blank Note This thesis deals with blank note (incomplete instrument) as a particular subset of promissory notes/bills of exchange. It is comprised of a brief introduction on history of securities followed by a summarization of development of prommisory note, including its legislative history in the Czech Republic. International conferences aiming to unify the subject matter are also considered. The main body of the text aims to define the incomplete instrument; the definitions itself subsequently subdivided to provide comprehensive description of form, minimal content of the instrument, demands placed on signature and on the intent of parties to create an inchoate note. A whole individual chapter investigates one of the crucial elements typical of incomplete instrument, which is authority to fill in empty spots as given by the signee to a holder. Thus, its goal is to illustrate its nature and the ways it can originate and terminate. It being the crucial issue of many litigations concerning a once incomplete promissory note, particular attention is given to termination of such authority while the largest part of this chapter looks at application of licence to fill in violation of the authority given. In this context, a brief description of possible penal repercussions follows. The thesis also...
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Blank Bill
Koncer, Nikola ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
Incomplete instrument is an institution in practice quite often used, but which raises a number of issues stemming mainly from its fragmentary legislation. The aim of my work is primarily to explore related issues, to confront conflicting views of theorists, to deal with the mismatch between theory and conclusions of the courts and in a case I find such to add my own opinion in a contentious area. The result should be a comprehensive presentation of incomplete instrument including the benefits and risks which this certainly interesting institute holds. Admissibility of incomplete instrument has been controversial issue for a long time. Especially the business practice established the existence of deeds that are not rightful Bills of Exchange or other securities as they don't contain all the particulars required by law, yet give its owner confidence that, if effort is made, they can be transformed into the proper Bills of Exchange. These documents are called Incomplete instruments. If we search for the essence of incomplete instrument, then it can be relatively easily determined even from its very name of which can be seen that this is a deed containing white spaces intended for later additions. Incomplete instrument is a precursor of future Bills. It is a deliberate deed issued in incomplete form,...
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