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@article{1404961, author = {Kotásek, Josef}, article_location = {Györ}, article_number = {1}, keywords = {bill of exchange; promissory note; bill of exchange law; rigor cambialis}, language = {eng}, issn = {2060-4580}, journal = {Jog Alam Politika}, title = {Excessive formalism in the Czech Bill of Exchange Case Law}, volume = {10}, year = {2018} }
TY - JOUR ID - 1404961 AU - Kotásek, Josef PY - 2018 TI - Excessive formalism in the Czech Bill of Exchange Case Law JF - Jog Alam Politika VL - 10 IS - 1 SP - 59-72 EP - 59-72 PB - A Széchenyi István Agyetem SN - 20604580 KW - bill of exchange KW - promissory note KW - bill of exchange law KW - rigor cambialis N2 - The analysis show that an interpretation based on the idea of "formal rigor", according to which the interpretation of the data in the bill is to be (or at least could be) stricter and more rigid than it is in conventional legal acts, can easily result in absurd and funny conclusions. If we really should take formal requirements for bills "strictly" it would need a more convincing argumentation than just repeating the mantra of rigor cambialis or applying it automatically. When interpreting the bill statements one should take into account their overall context and their typical meaning. An interpretation is to be done in principle objectively from the view of the potential acquirer of the bill. It should not, for its own sake, "punish" small formal errors or deficiencies which can be, with a little good will, resolved by preferring the bill validity (if it is not inconsistent with its nature of course). The Czech courts only start to deviate gradually from the formalist "dances" of the past two decades. One can only hope that most of the decisions presented above will become a remembrance to the fact that "rigor cambialis" concerning formal requirements of bills was not an appropriate metaphor for the characteristics of the bills but a confusing and unclear term that could justify even the most absurd conclusions. ER -
KOTÁSEK, Josef. Excessive formalism in the Czech Bill of Exchange Case Law. \textit{Jog Alam Politika}. Györ: A Széchenyi István Agyetem, 2018, vol.~10, No~1, p.~59-72. ISSN~2060-4580.
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