Publication details
Vznik vyplňovacího oprávnění
| Title in English | Establishment of the right to complete a blank bill of exchange |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Obchodní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | bill of exchange; blank bill of exchange; right to complete a blank bill of exchange |
| Attached files | |
| Description | Law for bills of exchange has a number of specifics. Among these, a right to issue a blank bill of exchange – a non-complete bill of exchange which can be completed by adding the missing text. One of the essential preconditions of the issue of a blank bill of exchange is a grant of a right to complete the “fetus” of a bill of exchange (a blank bill of exchange). The author deals with the issue of the establishment of the right to complete a blank bill of exchange. The paper focuses on the clarification of the question of what is the nature of a legal act that establish the right to complete a blank bill of exchange, what is its content and its form, and also who are the actors participating on it and what is the connection between the legal act and the issue of a blank bill of exchange. A rather significant subthesis of reasoning on the establishment of the right to complete a blank bill of exchange is the issue of the cumulation of the rights to complete a blank bill of exchange. The right to complete a blank bill of exchange is established by an agreement (contract) for a grant of a right to complete a blank bill of exchange. This agreement can be concluded explicit (in writing or orally), a right to complete a blank bill of exchange can be also granted implicitly. The author comes up with an idea that an establishment of the right to complete a blank bill of exchange may be subject to two agreements – an agreement on the grant of the right to complete a blank bill of exchange (the right is granted by this agreement) and an agreement on the completion of a blank bill of exchange (which deals with the content of the right to complete a blank bill of exchange). The author clarifies the issue of the number of rights which can be granted regarding one blank bill of exchange – concludes that several rights to complete one blank bill of exchange can be established. |