Excesivní uplatnění a zneužití směnky – Chalupa Radim (2022)

A promissory note can be considered a legal instrument with a long-standing tradition. However, the application of promissory claims in court proceedings cannot always be regarded as a proper (honest) exercise of promissory law. Increasingly, one can encounter the application of promissory claims that do not respect the agreement that led to the entry of the promissory debtor into the promissory relationship. The publication presents the basic characteristics of a promissory note that make this security an interesting and frequently used legal tool. It further analyzes various ways of excessive application or abuse of the promissory note, including the creation of conditions for such improper exercise of promissory law. As a preventive measure against the abuse of the promissory note, the author presents procedures that can be used to reduce or eliminate the risk of successful excessive application or abuse of the promissory note, and whose implementation can significantly aid in subsequent defense against improper enforcement of the promissory claim. Finally, the author addresses the issue of defense for promissory debtors in promissory disputes where a non-existent promissory claim is asserted, as well as in promissory disputes where the claim is asserted in violation of the promissory agreement or the agreement on filling in a blank promissory note.