Směnka cizí a její obsahové náležitosti
A Foreign Bill and its Content Particulars
Author(s): Josef KotásekSubject(s): Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: Foreign Bill;Content Particulars;three-party instruments;drawee;payee;
Summary/Abstract: This article deals with the basic principles of a draft. Drafts are called three-party instruments. The person signing a draft, the drawer, issues or draws an instrument which unconditionally orders someone, the drawee, to pay a sum to the payee. Thus, the third party to a draft, the drawee, is the party to whom the payee initially looks for its payment. After a brief historícal survey of developments of a draft, the analysis of an economic and legal importance of this instrument follows. Although drafts are three-party instruments, the three parties do not all have to be different (e.g. the drawer and the drawee as well as the drawee and the payee may be the same person as well). Author opens the interesting question, whether the drawer, drawee and the payee may be the same person or business, and gives reasons for his negative opinion on this issue. The second part of the article presents substantial requirements for a draft. Special attention is paid to the maturity of a draft, which in practice is the most often reason of disputes.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 9/2001
- Issue No: 3
- Page Range: 267-275
- Page Count: 9
- Language: Czech