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Směnečný formalismus a vývoj jeho pojetí v judikatuře / Bill formalism and development of its concept in the judicature

The topic of this thesis is bill formalism and development of its concept in the judicature. The thesis deals mainly with requirements of a bill of exchange, which are set by law, as well as with the effect of the failure to meet the correct form of these requirements on validity of bills of exchange. This issue is analysed especially with regard to its concept in the Czech judicature. The first chapter deals with theoretical aspects of the topic, namely with description of the basic legal regulation of exchange law, the characteristics of a bill of exchange and defining the kinds of bills and special types of them. The second chapter focuses on basic requirements of a bill of exchange set by law, which are analysed in particular with regard to their impact on the validity of the bill of exchange. Individual parts of the chapter deal with the following requirements of bills of exchange: 1.indication that it is a bill of exchange, included in the text of the instrument, expressed in the language in which the instrument is drawn up, 2. unconditional order (promise) to pay a certain financial sum, 3. the name of who is to pay, 4. information on maturity, 5. information on the place where payment is to be, 6. the name of the person to whom or to whose order payment is to be, 7. date and place of issue of bill of exchange, 8. signature of the drawer. The third chapter contains issue that is closely connected with the introduction of the above-mentioned requirements on a bill of exchange and which also reflects the formal character of a bill of exchange. The first part of this chapter concentrates on the bill forms, with whose character certain specific problems are related. The second part of this chapter deals with issues of graphic layout of a bill, which has also significant importance in terms of bill formalism.

Identiferoai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:205410
Date January 2013
CreatorsŠpotová, Jana
ContributorsKříž, Radim, Hásová, Jiřina
PublisherVysoká škola ekonomická v Praze
Source SetsCzech ETDs
LanguageCzech
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/masterThesis
Rightsinfo:eu-repo/semantics/restrictedAccess

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