Řízení o zaplacení směnečného nároku (specifika a problémové aspekty) – Chalupa Radim (2019)

Promissory notes are a widely used security, which is why many court disputes are conducted regarding the payment of promissory claims. These court proceedings exhibit significant specifics and are full of potential pitfalls for their participants, which can jeopardize their success in the proceedings. This publication is dedicated to the peculiarities and problematic aspects of court proceedings conducted when asserting a promissory claim in simple finding proceedings, and especially in promissory order proceedings. The author thoroughly analyzes the promissory order proceedings, criticizing its conceptual imbalance, which leads to a conflict between the legal regulation and the right to a fair trial. He further analyzes and evaluates the intensive application of the principle of concentration in this proceeding and its impact on the rights and obligations of the participants in the proceedings. He also discusses the burden of proof in proceedings for the payment of promissory claims and the degree of evidence in promissory disputes. In his interpretation, he does not shy away from polemics with the decision-making practice of the courts. The book contains an excursion into the foreign legal regulation of civil proceedings in the Republic of Austria and the Federal Republic of Germany, where promissory claims are asserted. It discusses the pros and cons of the individual proceedings, including the Austrian promissory order proceedings, the German promissory reminder proceedings,...