- The concept and types of bill of exchange The topic of this thesis is "The concept and types of bill of exchange". The reason for choosing this topic has been my interest in bill of exchange law, which was awaken by my own experience with a bill of exchange on one hand and by the gripping seminars of subject called "Bills of Exchanges", which is taught at the Faculty of Social Sciences of the Charles University in Prague, on the other hand. The aim of the thesis is to characterize the bill of exchange and promissory note, to define their basic characteristics, to explain, what kind of them exist and to analyze their basic requirements. The thesis is composed of six chapters. The first chapter discusses the history of bill of exchange and promissory note. It is divided into three sections that deal with the origin and both national and international development of bill of exchange law. The second chapter is devoted to the current legislation of bill of exchange law. It introduces the sources of bill of exchange law and relations between them and the most specific characteristics of the bill of exchange law, which is rigor cambialis. The third chapter, which consists of three sections, defines the concept of bill of exchange and promissory note, provides a list of their features and the most...

Bill of exchange as a securing instrument - Abstract This thesis deals with a specific use of bill of exchange as a securing instrument. The aim of the thesis is to bring a comprehensive general view on the topic as well as to closely analyse the most important areas or those areas which are problematic from the legal point of view. The thesis is composed of six chapters. Chapter one deals with the law of exchange in general. The chapter illustrates not only the relevant actual legislation, but intends to bring a wider historical frame as well. Chapter two contains general characteristic of bill of exchange, furthermore specifically focuses on the nature of obligation which is incorporated into each bill of exchange. Chapter two deals with the blank bill of exchange as well. It describes the nature of blank bills of exchange, examines the right to fill the blank spaces and questions connected with abuse of that right. Chapter three analyses the role of securing bill of exchange among another securing instruments and compares the most important differences which can be found among them - mainly the independency of obligation incorporated in securing bill of exchange in contrast with the subsidiarity of other securing instruments. Chapter four describes the conditions under which the use of securing bill of...

The aim of this diploma thesis is to determine the nature of the securing bill of exchange through the analysis of professional literature and relevant case law. The thesis is composed of eight chapters. The first chapter deals with the issue of securing instruments in general. It presents the main amendments which have been brought to the law of obligations by the recent recodification of the private law, especially to the securing instruments. This chapter mentions the characteristics and functions of the general securing instruments. This is followed by the presentation of the bill of exchange as a specific type of the securing instrument. The second chapter is completely devoted to the bill of exchange. It examines the functions of a bill of exchange in legal relations. This chapter also contains more detailed description of an agreement that provides the bill of exchange the disposition of the securing instrument. The following chapter not only defines the term bill of exchange but also concerns with the definition of security in view of the fact that this part of the law was amended by the recodification of the private law. This passage classifies the bill of exchange into the system of securities and emphasises especially the characteristics connected with its transfer. Chapter four...

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....

Aval regarding the bill of exchange In the first chapter, I focused on the genesis of aval in the context of the international law of exchange adjustments and I tried to describe in detail the efforts of its unification to the present. Next I made an excursion into Anglo-American law, I pointed out the uniqueness in the genevian legal system. This chapter then closes with a brief description of the development regulation of aval in our country, from the first references to the present. The following chapter is devoted to the general characteristics of aval, then performed a brief description of the nature of the commitments and I focused on the eligibility of persons who have obligations to take the aval. Finally, I tried to capture the specific hedging nature of the aval compared with the general hedging instruments, which manifests itself in matters of akcesority and subsidiarity. In the next section, I tried to capture the problems of individual requirements of aval statement in terms of location, formal requirements and the terms of content. Because of controversial situations stemming from the location of aval on blank promissory note, I did not even omit temporal aspect. The last chapter, I decided to give a close look at the possibility of the Opposition defense against claims of creditors, with...

and keywords Causal objections to a bill of exchange and a promissory note, their types and proceedings related to them The subject of this thesis are causal objections to bill of exchange and promissory note, their types and proceedings related to them. The aim of the thesis is to provide a comprehensive overview of causal objections as a defense against produced bill of exchange (promissory note) based on an analysis of prosessional literature on the topic and the relevant case law. Thus, the thesis deals both with causal objections as substantive law institute and their practical application through procedural law institute of objections against bill of exchange (promissory note) payment order. The thesis consists of the preface, three chaptes and the conclusion. The first chapter deals with basic aspects of the term of "bill of exchange" (or the "promissory note"). The chapter is devided into four subchapters. The first subchapter analyses different definitions of the bill of exchange (promissory note) as they can be found in the professional literature and the case law and these definitons are compared to one another. The second subchapter deals with typical signs of bills of exchange (promissory notes) as a security. The essentials of such a security are described in the third subchapter. The...

The aim of the thesis is to give reader a treatise about specific use of bill of exchange as a securing instrument. The promissory note as a debtor security may take various economic life functions. Since the inception of law of exchange it was primarily the medium of payment, whereas the securing function was developed much later. Actually a relative novelty of securing function of bill of exchange leads to a wide range of issues that need to be resolved in connection with its use. In particular, it is absolutely necessary to realize that the obligation incorporated into promissory note will be regardless of its function always the obligation abstract and individual. The above mentioned abstract and individual obligation is mainly manifested in a different connection to the secured obligation, which is much more fragile than in case of use of standard securing obligations that are on the contrary characteristic by accesority and subsidiarity. In spite of the fact that the aim of the thesis is concentrated on bill of exchange as securing instrument, the first chapter is devoted to issues of law of exchange in general. Within particular subchapters there is outlined the historical development of law of exchange in our country, including the sources of current legislation. Furthermore author explains...

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,...

RESUME Bills of exchange and promissory notes are one of the most used instruments of business relationships in the area of Geneva law. This fact was undoubtedly caused by the unique attributes of bills of exchange and promissory notes which are represented especially by formality, obviousness, transparency and imperative nature. The main reason for compiling this dissertation is to describe disputed facts of bills of exchange and promissory notes with regard to the cases and scientific research. The dissertation deals only with the more detailed survey of the main topic, the other matters of legal relations bills of exchange and promissory notes will not be covered in this research. It contains authentic texts representing and explaining the topics in question. The dissertation provides a coherent interpretation of the chosen topic and it is the basis for the solution of certain problems in practice. The dissertation consists of four chapters and each of these chapters is subdivided into more specific units. The first chapter is an introduction to the history and current system of exchange law. The second chapter deals with the basic institutions of exchange law including types of bills of exchange and promissory notes. The third chapter is a resource for legal information and it deals with judicial...

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...