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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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Functions of bills of exchange with a emphasis on its securing function
Hrmo, Michal ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
The final thesis is divided into seven chapters, which are divided into several sub-chapters. First chapter contains short introduction about the main focus of the thesis and the purpose of the work. Its aim is to test the hypothesis that the securing bill of exchange is a suitable tool to secure obligations and, if so, under what conditions. Despite the common opinion that advantages are on the creditors' side, reader will also see pitfalls that accompany its use. Second chapter explains the concept of bill of exchange from a broader perspective, including its evolution and development of current legislation. It also compares legislation of Czech Republic and European Union with a brief look into some differences of Anglo- American law of bills of exchange. There are also defined types of bills of exchange with their requirements described in this chapter. Third chapter deals with securing bill of exchange in detail. It explains its characteristics, content and scope. Subchapter 3.3 is devoted to the most commonly used type of securing bill of exchange-blank bill. There are also results of the survey of usage of bills of exchange with description. Reader will learn about advantages and disadvantages of securing bill of exchange. Fourth chapter is a brief explanation of the various aspects of agreement on...
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Bill of exchange as a securing instrument
Lazár, Martin ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
Bill of Exchange as a securing instrument (Summary) This thesis pertains to the securing bill of exchange, both on theoretical and practical levels. It deals with its particular characteristics which effectively distinguish a securing bill of exchange from bills of exchange fulfilling distinct functions, as well as from other securing instruments. The thesis provides its readers with a comprehensive view of the advantages the securing bill of exchange has to offer within a variety of private legal relations. Simultaneously, it warns against the perils which are inherent thereto, both with respect to the creditors and the debtors. The thesis thereby emphasizes a necessity for at least a certain level of knowledge concerning the nature and potential of the securing bill of exchange, which would in practice help prevent misuse of this instrument and inflicting damage on the debtors. The first chapter focuses on the causal obligation of a debtor and a creditor and its connection to the bill of exchange aiming to secure that relation. Together with the second chapter, these two provide for the fundamental nature and specific features of the securing bill of exchange. The third chapter pertains to the contractual basis for securing the receivables, and its crucial importance as it involves various contractual...
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