Concentration of the Bill of Exchange Command Proceeding: Black Hole of the Justice

Keywords: bill of exchange command proceeding, concentration of the proceeding, bill order for payment, objections to the bill of exchange order for payment, right to a fair trial

Abstract: The aim of the article is to analyze the legal regulation of the concentration of the bill of exchange command proceeding, to evaluate the positive and negative impacts of the implementation of the principle of concentration into the bill of exchange command proceeding and to formulate the conceptual design of the regulation de lege ferenda. The article characterizes the constitutional level of the concentration of the bill of exchange command proceeding and declares the positive and negative impacts of the current form of legislation of the concentration on the proceeding and the status of the participants. A part of the article is a description of the legal regulation of the concentration of the proceeding under the law of Germany. The results of the evaluation of the legal regulation of the concentration of Czech adversarial proceedings are that the legislation is not successful because the main device of an implication of the contraction principle to the bill of exchange command proceeding, which is the elimination of delays in the proceedings, is not fulfilled yet, withal due to the implementation of the concentration of the proceedings in the actual form lead to the violations of rights of the parties to a fair trial.