ESSENTIALIA CAMBII VE SVĚTLE JUDIKATURY
The Essentials of Extraneous Drafts

Summary/Abstract: This article deals with the problemacy of extraneous drafts. We put emphasis on the legal reguirements on validity of the draft. We show the validity of drafts in light of the rececent judiciary of czech higher courts. According to our historical legal backround we show several judgments from the era of first Czechoslovak Republic (1918-1938). The problemacy of draft law is regulated by the act No. 591/1992 Coll as well as No. 191/1950 Coll. which has several special features. Firstly it has a specific systematics. The act is divided into three parts (drafts, cheques and shareable appointments). Secondly it was just once upgraded (which is really unbelievable in our legal order). The draft has several essential requirements e.g. the exact name of person who is legally bind to pay it; an exact order to pay; exact name of person to whom should be payed; the exact amount of money in valid currency etc. This legal institute is quite simple but according to court rulings and legal doctrine its not easy to generate a valid draft. Mainly because of high level of formalism of its. In spite of this fact it is very popular mainly among businessman.

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