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Title:

Cheques and their form in the draft of the law of cheques of 1923

Alternative title:

Ček ì jogo forma v proektì čekovogo zakonu 1923 roku

Subject and Keywords:

codification of cheque law   Hague’s resolutions of law of cheques of 1912   draft law of cheques of 1923   form of cheque   clause of cheque   direct debit   cheque’s passive capacity

Abstract:

In this article, I deal with the fundamental issues regarding cheques and their form in the first draft of the law of cheques, which was drawn up by Stanisław Wróblewski, prepared by the Codification Committee and published with its motives in 1923. The draft law did not assume the full emancipation of the material cheque law and subjected the cheque to the specified scope of legal regulation provided for in the promissory note. On the other hand, it emphasized formal emancipation: 1 exclusion of the cheque institution, as well as the promissory note, from general civil law, and consequently subjecting them to special regulation; as well as 2 separating the matter of cheques from the promissory notes, that is the development of a cheque act separate from the promissory note act.As regards the form of cheques, the draft law relied on art. 1–7 of the Hague resolutions of 1912. The Polish codifiers departed from this model, especially when it was required by the economic conditions of Poland, taking special care to prevent situations that could discredit cheques at the beginning of their development. Therefore, they did not accept in particular the solution proposed in the Hague resolutions Article 5, which did not accept the scriber’s capacity as the condition of cheque validity.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2018

Date copyrighted:

2018

Identifier:

ISSN 2082-4939

Source:

PAd P 102216 II

Language:

pol   ukr   eng

Relation:

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2018, 9, s. 33-57

Is part of:

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Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdjm   WR U/PAdbg