Publication details
Řízení o zaplacení směnečného nároku (specifika a problémové aspekty)
| Title in English | Proceedings for payment of a bill of exchange (specifics and problematic aspects) |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Attached files | |
| Description | Bills of exchange are securities widely used in the Czech Republic. It follows from this that a number of lawsuits have been brought against the payment of the bill of exchange. These lawsuits show quite significant specifics and are full of potential pitfalls for their participants, whether they are the plaintiff or the defendant, which can ruin their management success. The publication is devoted to the specifics and problematic aspects of court proceedings conducted in the exercise of a bill of exchange claim in a simple inquiry procedure, and in particular in a bill of exchange proceedings. The bill of exchange proceedings are, according to the currently applicable and effective legislation, very strict, especially against the defendant, who is forced to exercise a vast part of his defense in a very short opposition period, and moreover, in precise form and with qualified content. The author deals with a detailed analysis of the bills of exchange order, deals with the very essence of the proceedings, criticizing his conceptual imbalance, resulting in a conflict of law with the right to a fair trial. Another aspect of the bills of exchange order, which the author analyzes in detail and then evaluates, is the intense application of the concentration principle in this proceeding. The author deals with the issue of concentration of bills of exchange order at the level of the analysis of its manifestations and the influence on the rights and obligations of the parties to the proceedings. Critical analysis of the bill of exchange procedure is preceded by a comprehensive detailed description of this procedure. In relation to the simple civil procedure in which a bill of exchange is claimed, the author focuses on the analysis of the specificities of the proceedings. The publication contains a treatise on the burden of proof in proceedings for the payment of a bill of exchange and a passage on the issue of the level of evidence in litigation. The book also includes an excursion into the foreign law of civil proceedings of the Republic of Austria and the Federal Republic of Germany, in which promissory notes are claimed by reviewing the various types of proceedings in which the bill of exchange can be applied in these countries and analyzing the pros and cons of those proceedings. The author does not avoid controversy with the decision-making practice of the courts. The author responds to the draft legal regulation of bills of exchange order, which is contained in the substantive intent of the forthcoming civil court order, when this reaction results in de lege ferenda. As part of its consideration of the possible future form of bills of exchange, it presents its view on the new conceptual grasp of the legal regulation of bills of exchange. The publication is based on a deeper theoretical basis, but also contains a practical interpretation of bills of exchange. The book is intended mainly for professional readers, who will explain the theoretical basis of the view on the procedure for the payment of the bill of exchange, but will also do so during the course of court proceedings for the payment of bill of exchange, from the perspective of a theoretician working at the Faculty of Law of Masaryk University in Brno, but at the same time a practitioner - a lawyer who has been dealing with bill of exchange law for more than 25 years. |