A bill of exchange was historically used for payment purposes. However, over time it was figured out that it can designate as a securing instrument. Such a usage of a bill of exchange brings as well a series of theoretical and practical confusions. Therefore, one of the main aims of this thesis is to analyze a securing bill of exchange and examine and describe the different attributes and specifics that bind to it. Another main aim of this thesis is securing bill of exchange to be compared with another hedging instruments which are provided by civil law, such as the pledge and the suretyship. Because of this comparison it is easier to show if the bill of exchange is an appropriate securing instrument, and what are its strengths and weaknesses. As a working method is using analysis and comparison. The thesis is divided into nine chapters. The first chapter sets out the aims and the direction which the thesis will take and further outline of the content of each chapter. The second chapter deals with the general definition of a bill of exchange, lists the types of a bill of exchange that exist. It also defines the functions of a bill of exchange, where these functions are meant a tender, payment tool or securing instrument. The third chapter describes the essence of a securing bill of exchange, which...

- 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...

The 8-inch wafer Fab. landing China or not evoked highly concerned in the worldwide, and even evoked the misdoubt if Taiwan clash with Wassenar Agreements . On New Year¡¦s Day, President Chen Shei-Ben reiterated the Policy of Economy and Trade across the Taiwan Straits, ¡§Proactive liberalization with effective management¡¨, which also evoked controversy in the worldwide. While UMC (United Microelectronic Corporation) ¡¥s He-Jan investment was been debating hotly, we considered if it also had great effect of production race between Taiwan and China, besides business benefits. Moreover, we considered if it resulted in the technology illegal landing, and conflicted with Wassenar Agreements, by avoiding to threaten the national security. If Taiwan was a launching pad of America high tech to China, it would cause other high techs importing forbiddance from America. Because of that, Taiwan gets more a loss than gains. Suppose ¡§Economic globalization¡¨ is the lifeblood of Taiwan; The semiconductor industry is not only holding on the advantages of past , but also trying to approach to the market. Furthermore, it should create production competitiveness. The government should follow the market rules, develop the reciprocal relationship with business and reach the goal of looking after both sides, economic developing and national security. In this study, it expects to discuss the influence of The Sensitive Scientific Technology Draft Bill legislation of funding, technology, equipment, brain-import abridged in semiconductor production in Taiwan to the competitive advantage of production; (1) Understanding the status and meaning of The Sensitive Scientific Technology Draft Bill in Taiwan. (2) Does tech-import controlling of The Sensitive Scientific Technology Draft Bill in Taiwan has connecting to international relative laws? (3) Analyzing the impact of the protect mechanism of The Sensitive Scientific Technology Draft Bill to competitive advantage of semiconductor industry. The first study step is to comparing analyze the aims, effects, targets of international relative laws by documents study, especially according to the international relative laws of high-tech import controlling, for example, the administration rules and complement actions of COCOM and Wassenar Agreements, for understanding the reasonable and objective of The Scientific Technology Draft Bill (The Sensitive Scientific Technology Draft Bill). Moreover, base on profound interview with business to processing the situational analysis of business, production, people, society, government and the national security. This study conclusion and the suggestions from business experience can offer the reference resources for lawmaking and revising.

Föreliggande arbete tar sin utgångspunkt i Försvarsmaktens befintliga förmåga att verka med pansarvärnsrobotar. Med syfte att undersöka om det eventuellt finns ett tomrum att fylla för pansarbrytande robotsystem och att jämföra befintligt system mot föregående och ge förslag på önskvärda förmågor. Ur historik, äldre studier, teknisk data från föregående system och intervjuer dras slutsatser som ligger till grund för värderingar av det existerande behovet. Resultatet visar att pansarvärnsrobot 57 har god möjlighet till att lösa given uppgift om systemet tillförs i större omfattning inom skytteförbanden. Miljön styr taktiken, taktiken styr nyttan vilket i sin tur genererar effekt med systemet. En uppgradering av 57-systemet bedöms värt att beakta för försvarsmakten inom ramen för vilka behov som existerar. / Present work is based on the Armed Forces' existing ability to operate with anti-tank missiles. With the objective to investigate whether there is a void to fill for armor piercing missile systems and to compare the existing system with previous and suggest desirable abilities. From history, older studies and technical data from the previous system and interviews are conclusions drawn and underlying the values of the existing need. The results show that anti-tank missile 57 has good potential to solve the given task if the system is applied on a larger scale within infantry units. The environment decide tactic, the tactic control benefits, which in turn generates effect with the system. An upgrade of the 57-system is deemed worth consideration for the armed forces in the context of the needs that exist.

Univ., Diss.--Kiel, 2002.

The colonial formation and imagination of the Canadian nation and its citizenry has historically been rooted in processes of racial inclusion and exclusion. This thesis considers the ways in which the historical exclusionary process of citizenship manifests within today’s “War on Terror” through the language of national security. The analysis focuses on the discourses of two former Conservative bills: Bill C-24 – Strengthening the Canadian Citizenship Act and Bill C-51 – Anti-terrorism Act. Mobilized through a critical race perspective, my thesis documents first, the narratives that are told, and second, the discursive strategies that are used, to construct those deserving and undeserving of inclusion. My findings demonstrate that the ideal nation and its ideal citizens, who are deserving of inclusion within the nation, are fundamentally constructed in Whiteness. Meanwhile, the threatening ‘Other’, who is to be excluded and expelled from the nation, is imagined as a racialized Muslim, Arab and brown terrorist in the “War on Terror”. By examining their respective parliamentary debates, my research reveals how the political discourses utilized in both bills uphold the racial exclusionary mechanisms of citizenship. As such, my research speaks to the evolving relationship between citizenship, national security, surveillance, and securitization by demonstrating how citizenship is used as a tool within the broader security regime of the state to fight the “War on Terror”.

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...

- 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...

The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.

The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation. Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction. However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.