AABSTRACTBSTRACT The aim of this thesis is to provide a comprehensive view on the issue of promissory notes as a guarantee in legal relations. It is supposed to serve both the debtor in building up his defense and the creditor in the evaluation of the risks he may face during the application of his promissory note. Apart from reference books and legislation, the main source used is the analysis of the case law and its contribution to the topic. This thesis is divided into four chapters. General issues are the theme of the first chapter with the focus on the signature and necessary entries on the note. Then the core of the hedge bill is questioned, concerning especially the nature of the securing contract, which is the reason of the guarantee function of the note and consequences associated with the transfer of the note. The second chapter is focused on the bilateral rights and obligations connected with the note and its secured claim, the risk of abuse of negotiable instruments and also the admissibility of causal objections in the case of the endorsement. Following that, suggestions of the possible defense against the abuse are proposed. The third chapter is devoted to procedural issues and the specifics of the procedure in this matter. The payment order is then discussed as well as the nature of the...

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...

Abstract/ Concept of a bill of exchange and promissory note and its types The purpose of my thesis is to provide an introduction to the concept of a bill of exchange and promissory note particularly regarding its substantial requirements and stipulations. The thesis consists of five chapters. Chapter One provides an introduction into the history of bills of exchange. It mainly deals with the unification of legal regulations in Europe and with the process of evolution of legal regulations of both promissory notes and bills of exchange in Czech Republic. Chapter Two of the thesis is the basic introduction into the concept of a bill of exchange and a promissory note as a security, which is also, together with Chapter Three, dealing with the parties to the promissory note and bill of exchange. This chapter provides necessary introduction and basis for the next chapters four and five. Chapter Four is called "Substantial requirements of the bill of exchange". This chapter is one of the key parts of the whole thesis and it describes in detail all the substantial requirements of the bill of exchange. In situations where specialized literature does not provide unanimous point of view on some issues, the thesis provides with different perspectives of views held by authors often supported with judgments of the courts....

- 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 concept of a bill of exchange and promissory note The topic of the master thesis is "The concept of a bill of exchange and promissory note". This topic has been chosen for its attractiveness, topicality and difficulty. The author's work experience was the motivation for the selection of this topic. The objective of the diploma thesis is to give a characterization of the bill of exchange and promissory note, to explain what kinds of them exist and to analyse their essential elements. The diploma thesis is structured into eight chapters. The first chapter introduces the issue of bills of exchange and promissory notes and outlines the objectives of the thesis. The second chapter discusses briefly the history of the bill of exchange and promissory note and of the bill of exchange law at all. It is divided into three sections in which it is referred to the origin of the bills of exchange, to the historical importance of the bill of exchange law and especially to the international dimension, which the bill of exchange law acquire and which contributes to almost perfect current legislation in our country. The third chapter is devoted to the sources of exchange law in the Czech Republic and to the relations between them. The greatest attention is dedicated to the bill of exchange and check act number...

The purpose of the thesis is to provide a view into most significant modes of promissory note abusive conduct. This view consists of thorough analysis of sources, modes of operation, impacts and available prevention of issues related to promissory note and bill of exchange abuse. The domestic case law has been the primary source of the thesis. However, relevant literature and applicable laws have been reflected as well. The thesis is divided into four chapters. The first chapter deals with a brief historical introduction of the law of promissory notes and its deviations from private law concerning especially the ones related to promissory note abusive conduct. The current situation in the field of promissory notes in Czech Republic is also reviewed in this chapter. The second chapter is focused on the abstract nature of obligations arising from the promissory notes as from negotiable instruments. Furthermore, excessive claims based on security promissory note, separation of the security promissory note from secured receivable and abuse of the aval guarantee are introduced and examined. The third chapter provides a comprehensive view into incomplete instruments and agreements necessary to transfer them into negotiable instruments. The incomplete instrument abuse is also reviewed and distinguished...

This Thesis concentrates on special instruments of the Bill of Exchange - aval, protest and domicile. The Paper describes their legal framework and currentcase law.The Thesis is divided into three parts, each of which is dedicated to one of the above mentioned institutes of the Bill of Exchange. A case fom author's law practice is included in the chapter dedicated to aval. It specifically elaborates on particularities of the Bill of Exhange avalation. The chapter about protest analyses the author's survey (2013)in which a couple of Czech municipal administrations were requested to certify a protest of a Bill of Exchange.

The purpose of my thesis, bearing the title "The principle of draft rigorousness (rigor cambii) in the perspective of Czech substantive and procedural law", is to analyze the term of draft rigorousness as well as to consider its influence on chosen institutes of the draft law. The reason to choose such topic for my thesis is my deep interest in this area of law, thanks to its precise regulation and rich history of evolvement of individual draft institutes. The paper is divided into five parts, where the introductory part is followed by three major chapters and the conclusion. The first of the chapters is called The Draft rigorousness, the second The Term of draft rigorousness and the third The Individual categories of draft rigorousness. The first chapter briefly outlines the characteristics of draft law as such with reference to the rigorousness of draft law in comparison to the general legal regulation. Furthermore it provides a comparison of the continental and Anglo-Saxon draft law in terms of formality and rigorousness of the regulation. The second chapter of my thesis focuses on the term of draft rigorousness itself and attempts to define its substantiality. The issue studied is whether to understand the term of draft rigorousness only as an attribute of the draft regulation, or if it should...

- The concept of a bill of exchange and promissory note I have chosen the topic of the Thesis "The concept of a bill of exchange and promissory note" particularly due to the fact that I have become interested gradually in the issue of bills of exchange and promissory notes and in particular bill of exchange and promissory note essentials during the seminars of the commercial law and writing of the thesis has been an opportunity for me to extend my knowledge, concerning this institute. I got intrigued by the bills of exchange and promissory notes, particularly by their remarkably constant and permanent legislation in conjunction with specific requirements for formal quality, which is typical for bills of exchange and promissory notes. In my opinion, the bills of exchange are widely used instrument in our daily life, whose features and drawbacks their users may not even realize. It is for that reason, that the bill of exchange and promissory note essentials need increased attention due to their fundamental importance. The aim of my thesis has been to analyze primarily individual bill of exchange and promissory note essentials with the use of literature, and also of the rich case law, which relates to this theme. The thesis consists of four chapters, with the first chapter entitled "Introduction to...

L’intérêt de la présente recherche est d'étudier d’une manière générale les communications électroniques dans le commerce international, et puis à titre particulier d’interpeler les nouveaux défis qui relèveraient de l’utilisation des "documents transférables électroniques", en réfléchissant sur les différentes approches et les méthodes à adopter afin de remédier aux éventuelles déficiences technologiques, identifier puis combler les lacunes juridiques qui se révéler lors de ces échanges. Il s’agirait donc d’une enquête sur les questions juridiques liées à la création, à l’utilisation et à l’exécution du "document transférable électronique" ; il s’agit d’un terme crée par la CNUDCI, ce qui renvoie d’une manière générale à l’équivalent électronique d’un instrument transférable négociable ou d’un document titre. Nous identifions principalement les trois grands axes. Premièrement, la protection des données personnelles. Elle fait l’objet de plusieurs réformes législatives. La plus récente est le Règlement européen 2016/679 du 27 avril 2016 qui vise à promouvoir l’utilisation de l’outil informatique, tout en accordant la protection appropriée aux données à caractère personnel. Deuxièmement, l'exigence d’unicité d’un document transférable (« Garantie de singularité »). La garantie de l’unicité d’un document exige qu’il soit le seul qui existe ou bien, que toute copie soit clairement identifiable comme telle. Les conséquences éventuelles de la reproduction non autorisée de tout document transférable électronique donnant au porteur ou au bénéficiaire le droit de demander la remise de marchandises ou le paiement d’une somme d’argent rendent nécessaire l’élaboration de mécanismes pour garantir l’unicité de ces instruments. Troisièmement, la possession du ‘document transférable électronique’ et la notion de contrôle pour l’identification du porteur. Outre le traitement de la question de l’exigence de la singularité, la recherche d’un mécanisme fonctionnellement applicable et équivalent pour satisfaire à l’exigence de la possession matérielle du document papier constitue un défi majeur. Dans la plupart des modèles juridiques régissant les documents transférables électroniquement, la notion de “contrôle” d’un document électronique est utilisée en tant qu’équivalent fonctionnel de la possession ; cela signifie que la personne qui exerce le contrôle du document transférable électronique est considérée comme le porteur habilité à s’en prévaloir. Ces documents électroniques sont gérés par des prestataires de confiance qualifiés pour garantir leur sécurité. / The interest of this research is to study in general, the electronic communications in an international context, and then to focus on the ongoing challenges that occur on the field of "electronic transferable documents"; for this we shall perceive the methods that have been adopted for the purpose of using such documents, in order to prevent eventual technological deficiencies, identifying and filling the legal gaps revealed throughout our study of these new challenges.Therefore we shall comprehend and defy the legal boundaries, in order to create, use and transfer "electronic transferable documents". It is a pre-requisite to clearly identify the subject of this study, which is the term 'electronic transferable record, a concept created by UNCITRAL, which refers generally to ' Electronic equivalent of a transferable record (negotiable or non-negotiable) or a document of a legal right.We shall identify the three following main topics:I. The protection of personal data and privacy has been subject to several legislative reforms. The most recent one is the European Regulation 2016/679 dated April 27th, 2016. This reform aims to promote the use of the IT (Information Technology) tools, while granting the appropriate protection to the personal data. These electronic records are managed by qualified services providers.II. Requirement for uniqueness of the record ("Guarantee of uniqueness")The guarantee of the uniqueness of the document is to ensure that there is only one possible holder and owner of that document, as in the case of paper document, and that any copy is clearly identifiable as such. As a result of an unauthorized reproduction of any electronic transferable record, any such holder or beneficiary shall have the right to request delivery of goods or the payment of a certain sum of money; thus the need to insure the uniqueness of these electronic records.III. The possession of an electronic transferable record.In addition to the above, the need to identify a functional equivalent approach to satisfy the requirement of possession in the case of electronic transferable document, which is a major challenge.IV. Concept of control and identification of the holderIn most legal models governing electronic transferable records, the definition of "control" of an electronic document is used as a functional equivalent to possession. That is, the person who controls the electronic transferable record is deemed to be the holder and the one entitled to use it.