|
|
Bill of exchange order for payment
Švarcová, Iveta ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Bill of exchange order for payment Abstract The subject of this thesis is the bill of exchange payment order and the proceedings leading to its issuance, as well as the proceedings following its issuance if objections are filed against the bill of exchange payment order. The bill of exchange order procedure is an institute of civil procedural law that has not undergone fundamental changes, and therefore it is possible to draw on older sources. The author uses case law and scientific literature while attempting to highlight the problematic aspects related to the issuance of a bill of exchange payment order and providing a comparison of individual opinions on the issue, including her own. The thesis is divided into six chapters, further divided into subchapters. The content of each chapter is outlined below. First, the history of the substantive and procedural bill of exchange law in the Czech Republic is briefly mentioned, followed by a chapter devoted to the general characteristics of warrant proceedings and other types of payment orders in the Czech legal system, emphasizing their mutual comparison. The third chapter focuses on the bill of exchange order itself, the conditions for its issuance, its content and particulars, and its delivery to the defendant. In the next chapter, the author deals with the...
|
|
|
The status and particularities of a bill of exchange proceeding
Rýdlová, Aneta ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
The Status and Particularities of a Bill of Exchange Proceeding Abstract The thesis deals with a bill of exchange proceedings as a specific kind of civil procedure. This specific kind of proceedings is used for making a claim to a bill of exchange by its owner. The first chapter contains a definition of the character and purpose of the bill of exchange proceedings. The second chapter defines one of the general conditions of the procedure - jurisdiction. The second part of this chapter defines the preconditions for issuing a specific kind of judgement in the bill of exchange proceedings, the order for payment. The third chapter contains a definition of standing and a specific group of litigants in the bill of exchange relation followed by the party dispositions of the claimants for changes in the party to the proceedings. The fourth chapter deals with the party dispositions of the claimants for changes in the object of the proceedings. This chapter also includes the determination of the relevant point in time for issuing the order for payment in a bill of exchange proceedings. The fifth and sixth chapters contain two specific components of the bill of exchange proceedings, namely special kind of appeal known as objections and the concentration of proceedings. There are also mentioned the objection to set-off...
|
|
|
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...
|
guest ::
