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...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:343043 |
| Date | January 2016 |
| Creators | Klimenta, Gabriel |
| Contributors | Patěk, Daniel, Zahradníčková, Marie |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
Page generated in 0.0019 seconds