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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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