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1

Ustanowienie hipoteki umownej na zabezpieczenie wierzytelności wekslowej

100%
Czech T.
Rejent
|
2022
|
issue 2 (370)
28-46
EN
Receivables under bills of exchange can be secured by a contractual mortgage. This also applies to future claims under blank bills. The mortgage can be established in the form of a notarial deed or in a written statement for the benefit of a bank. The secured receivables should be appropriately described in the mortgage agreement. The basis for entering a mortgage into the land and mortgage register is an extract from a notarial deed or a bank document. It is not necessary to present a bill of exchange or its copy to the court.
2
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18th century bill of exchange legislation : inspiration for or roots of Czech legal provisions on bills of exchange?

75%
Vyoralová T.
The Lawyer Quarterly
|
2018
|
vol. 8
|
issue 1
51-63
EN
The bill of exchange code of 1850 was extended by some special provisions, especially ministerial decree of 1858, the Nurnberg Amendment of 1872, Jasinský’s Amendment and an act from 8 March 1876. Bill of exchange law has its history and also today it is an inseparable special part of the private law. It is therefore necessary to pay special attention to it, especially because there is very little professional literature covering its history, perhaps with the exception of V. Urfus. In the context of the Austrian bill of exchange codes I mentioned above a bill of exchange (cambium) was basically a written record of an exchange transaction. It was defined as a brief written promise that had to meet certain conditions defined by the law and whose content was otherwise identical to the contents of an exchange relationship. These conditions were either essential or non-essential. The authorized person in a bill of exchange could transfer his rights to another person. This was done in the form of an endorsement, also called “indosament” and “žiro”. A bill of exchange had to be accepted regardless of this endorsement. When paying the bill of exchange, the acceptor was to deposit the exchange amount to a court. The number of transfers by endorsement was not limited. However, each transfer had to meet various conditions defined by the bill of exchange code. If any of the required exchange requisites was missing the endorsement was, according to the bill of exchange code, treated as procuration. In this case endorsement did not transfer the rights from the endorser to the endorsee. For this reason, if the endorses was in bankruptcy proceeding, the bill of exchange was included in the bankruptcy assets. In the period of interest, a number of special exchange and mercantile courts were established with threelevel structure. These courts would make decisions on exchange relationships until they were reorganized by the Josephine reforms.
3
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Istota zobowiązania wekslowego w prawie polskim, cz. II

63%
Abramowicz J.
Przegląd Ustawodawstwa Gospodarczego
|
2019
|
issue 7
18-26
EN
In the first part of my work, I have presented a various ideas regarding the character of a bill of exchange. Undoubtedly the essence of the liability a bill of exchange was and still is a cause for dispute. That is why in the second part of this work a response has been made in this discussion. Based on the Polish law's regulations I made and analysis of the liability of a bill of exchange and made an attempt of formulation my own position on the issue.
PL
W pierwszej części niniejszego opracowania, opublikowanej na łamach „Przeglądu Ustawodawstwa Gospodarczego” nr 2/2019 zostały przedstawione koncepcje dotyczące charakteru zobowiązania wekslowego. Niewątpliwie istota zobowiązania wekslowego była i jest przedmiotem sporu. Dlatego w drugiej części opracowania zajęto stanowisko w dyskusji dotyczącej tego zagadnienia. Podstawą rozważań są przepisy ustawy z 28.04.1936 r. - Prawo wekslowe. W związku z tym dokonano analizy charakteru zobowiązania wekslowego i podjęto próbę sformułowania stanowiska w tym zakresie.
4
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Istota zobowiązania wekslowego w prawie polskim, część I

63%
Abramowicz J.
Przegląd Ustawodawstwa Gospodarczego
|
2019
|
issue 2
14-23
EN
The legal character of a bill of exchange has been a cause of much controversy and dispute in the past, and remains to this day. Debates over its legal character are still very much alive, and it appears that they will be in the future. Even today, there is no agreement on when does the liability of a bill of exchange begin. From the variety of theories presented in the doctrine of a bill of exchange the most prominent ones are the creation theory (unilateral legal action) and the contract theory (bilateral legal action). Contract theory although historically older, appears to dominate in current legal literature and judicatory. The aim of this work is to systematise views on the issue and to present my own position on the issue.
PL
Istota zobowiązania wekslowego była i jest przedmiotem sporu. Dyskusja dotycząca charakteru prawnego weksla trwa po dziś dzień i jak się wydaje nie wypowiedziano w niej jeszcze ostatniego słowa. Do tej pory nie ma w piśmiennictwie zgody co do tego, w której chwili zobowiązanie wekslowe powstaje. Spośród wielości prezentowanych w doktrynie teorii wekslowych, za najistotniejsze z nich należy uznać teorię kreacyjną oraz teorię umowną. Teoria umowna, choć historycznie starsza, zdaje się dominować w obecnym piśmiennictwie i judykaturze. Celem niniejszego opracowania jest usystematyzowanie poglądów doktryny w tym zakresie oraz przedstawienie własnego stanowiska.
5

The Historical Roots of Belgian Commercial Law

45%
Waelkens L.
Krakowskie Studia z Historii Państwa i Prawa
|
2013
|
vol. 6
|
issue 4
365–386
EN
The article presents a synthetic approach to the history of Belgian commercial law. The author starts with the regulations of Roman law and leads us from the beginnings of civil law in the times of the Roman Republic, describing the role of aediles and praetors, to the times of the Roman Empire. A significant part is dedicated to the grain trade and searches – not always successfully – for a self-contained commercial law. A separate analysis of the Roman banking practices includes a discussion of cheques and accounting. The fall of the Western Roman Empire brought changes in trade in the Mediterranean region. The description of the Middle Ages includes a series of causal factors that contributed to the development of commercial law in Western Europe and that were related to the Roman tradition (for example the development of canon law and the Church itself as an institution, as well as the development of universities). It also contains the analysis of organisational elements of commercial law that mainly pertain to Italy, which at that time had a leading role. Attention is also devoted to the development of the notarial profession and the bill of exchange. In the 11th century, cities and, by consequence, autonomous and trade-oriented systems of city rights began to gain importance. This evolution which started on the Apennine Peninsula later also took place in the north of Europe, including in the German maritime cities, and eventually brought organisational changes and led to the establishment of the Hanseatic League. Legal regulations embraced, inter alia, the maritime trade. When the first annual fairs were organised, improved safety and decreased toll rates furthered the development of towns situated on trade routes. Changes in the socioeconomic structure and the fall of Constantinople influenced the progressive standardisation of commercial law in different countries. The Greeks brought to the West not only their money and wealth but also their law. In the modern era, the first companies with legal personality appeared. The origins of contemporary Belgian commercial law are without a doubt connected with French law. The French rulers’ protectionist policies, which were characterised by a strong interference in laws regulating trade, were included in the ordinance of 1673, the main drafter of which was Savary, and the ordinance of 1681. Such actions resulted in traders developing their own judicial bodies. The next stage that was important for contemporary Belgian law was the issuing of the Napoleonic Code de Commerce of 1807. The French law was implemented in the parts of the Netherlands conquered by Napoleon. Commercial law courts after the French model were established and were staffed not by professional judges but by entrepreneurs. When the Belgians gained independence in 1830, one of their goals was to implement a new commercial code. In the end, however, they chose a different path – a comprehensive revision of the existing law that continued throughout the following decades. In that process Belgian commercial law was complemented with, among other things, private companies. The changes to the legal code in the 20th century resulted mainly from the developments in international law (e.g. the acceptance of conventions concerning promissory notes) as well as European law. In 1999 company law was transferred from the Code de Commerce to the Companies Code. The French commercial court system was adopted after the Belgian Independence, but during the last two hundred years the organisation of these courts was changed. Although some argue that there is a need for reform and for the removal of non-professional judges, the author of this paper is of the opinion that lay judges are efficient.
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