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Bank account
Láníková, Kristýna ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Title of the Diploma Thesis Bank account Abstract The first part of the thesis deals with the account from the perspective of legal theory. It is examined the nature, characteristic elements and brief historical development. Following an analysis of the account as an object of property rights. In the chapter Legislation of the account under the Civil Code the thesis provides an analysis of provisions that affect the obligations of the account agreement. A part of this chapter is dedicated to a division of accounts under the existing scheme of the Civil Code. Regulation of other than a payment account and bankbook will be mentioned only in passing. Furthermore, the work deals with the analysis of rights and obligations being performed in relation to the provision of payment services, comprehensively regulated by the Payment System Act. Due to the fact, that the form of the Payment System Act has been significantly influenced by the european legislation, the thesis reflects, in appropriate cases, to the wording of the so-called Payment Services Directive. The final part describes fundamental changes in the provision of payment services going in connection with the adoption of the Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment...
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The concept of an average consumer in Czech and European law
Plavjaniková, Kateřina ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
The theme of my thesis is "The concept of an average consumer in the Czech and European law." The concept of a consumer and its evolution is explained in the first chapter. In the Czech legislation, I focused on the consumer in terms of private and public law. The notion of the consumer is explained from the perspective of the Czech law, the French legislation and, ultimately, the European legislation. Furthermore the French Consumer Code is discussed and its advantages and disadvantages in a light of the German model of consumer law, which is included in the Czech legislation. Finally, I have studied the impact of the European case law on the development of the concept of the consumer and possible proposals for consumer law de lege ferenda. In the second part, the attention is paid to the average consumer. The work deals with its origins in the Czech, German and European case law. Thesis describes a development from an empirical approach, when sociological surveys were used in assessing the impact of business practices, to the normative concept of an average consumer, which is applied consistently with regard to the decision-making practice of the Court of Justice of the EU. The average consumer is a legal construct, an exemplary consumer, from which is expected a certain degree of attention,...
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Bank as a business corporation
Flanderka, Milan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The purpose of the submitted diploma thesis is to describe, analyse and primarily compare the legal status of commercial banks as a specific type of joint stock company under the Act No. 21/1992 Coll., the Banking Act, as amended, and the legal status of regular join stock companies under the Act No. 90/2012 Coll., on Business Companies and Cooperatives (the Corporations Act) which are not supervised by the Czech National Bank. The diploma thesis is divided into eight chapters where each of them is dealing with a different aspect of bank's business activities. The first chapter is dedicated to a brief analysis of the term bank. The second chapter is more extensive because it provides fundamental legal characteristic of incorporation and commencement of the legal existence of both a bank and regular joint stock company. In this chapter, I also compare bank's Articles of Association to regular joint stock company's Articles of Association. Attention is also given to the concept of banking license. Third chapter may be considered as the key part of this diploma thesis because it contains analysis of the bank's organisation including a description of its specifics. The third chapter namely analyses the status and authority of the General Meeting of a bank and the concept of shares representing interest...
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Business management
Králik, Dominik ; Eichlerová, Kateřina (advisor) ; Liška, Petr (referee)
The objective of this thesis is a business management of a Czech capital company. The purpose is to give a definition or prevailing characteristic of business management and to point out the problems of interpretation, analyse them and outline possible solutions. The thesis is divided into six chapters, each of them is divided into subchapters and where necessary also into parts. Each chapter ends with a short summary. The first chapter focuses on giving a definition of term business management. Many characteristics of this terms are given from judicial decisions of Supreme Court of Czech Republic. It is needed to distinguish business management from strategic decisions, decisions with low importance and acting on behalf of a company, although this may in some cases follow the decisions about business management. Second chapter discuss about historical terms using instead of business management. The third chapter deals with organizational structure of limited liability company and joint-stock company. In joint-stock company executive board solve questions about business management. In limited liability company have a duty to make decisions about business management directors. The monistic structure of joint-stock company is described and analysed in last chapter. The fourth chapter covers...
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Credit
Tichá, Irena ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Credit This diploma thesis deals with the provision of credit and credit agreement under Sections 2395 - 2400 of the Civil Code. The purpose of this thesis is to analyze legal regulation of credit agreement under Civil Code and also to describe selected issues of Consumer Credit regulated by Consumer Credit Act. The first chapter describes credit in general, defines credit agreement and sources of the law, by which credit agreement is governed, then I compare credit agreement and loan agreement and describes banks as typical credit providers and I also describe types of bank credits. The second chapter is the most comprehensive and it analyzes particular issues of credit agreement. This chapter deals with form and parties of credit agreement, entities that are authorized to provide credit, then I focus on interests and late payment interests, currency and purpose of the credit, and legal regulation of drawdown and repayment of the credit. I also analyze issues of terms and conditions, standard form agreements and basic issues of security, although these issues are applicable in general, but often affects credit agreements. In the analysis of the legislation I use the literature mainly related to the credit agreement after the recodification civil law and applicable case law. Due to the recent...
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Contractual terms aimed at the protection of a lending institution in the area of loans provided to corporations
Bártíková, Marta ; Liška, Petr (advisor) ; Rozehnal, Aleš (referee)
The thesis is focused on the analysis of legislation concerning loans and usage of contractual undertakings for the purpose of protection of the credit institution in the field of loans provided to corporations. Loan represent an economic tool that enables to provide a temporarily unused financial sources to another subject based on agreed terms and returnable character for the consideration in the form of interest payment. Corporation represent a form of legal person that is based on organized association of persons (physical and legal). The credit institution is exposed to a number of risks in relation to loans business. In the forefront it is exposed to the credit risk of non-payment of the debt by the debtor at maturity date mainly because of factual inability (deficient sources) to repay the debt. The credit institution is next to the credit risk exposed to other risks - liquidity risk, market risks (interest and exchange rate risk) and risk of changes of legislation (regulatory environment). Analysis of applicable contractual undertakings for the purpose of reduction of credit and other risks represent the main focus of the thesis. The thesis is in this context focused also on the economic aspects next to the legal issues, especially risk analysis beforehand of the application of the...
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Lease of premises serving for business activities
Obernauer, Miroslav ; Liška, Petr (advisor) ; Eichlerová, Kateřina (referee)
The subject of the master thesis is the legal regulation of lease of business premises after the effectivity of Act No. 89/2012 Coll., the civil code. The author disserts on the subject of the thesis in eight chapters, dealing with the basic juridical institutes taken over from the previous legal regulation, as well as the newly introduced juridical institutes. In the first chapter, the author defines basic institutes of a lease as a basic juridical institute. Following up, the thesis defines the lease of a business premises; the author aims on the terminology averted from the previous socialistic terminology. The author disserts on the new approach to the business premises. A special chapter is dedicated to capability of movable things to be a subject of a lease of business premises. The second chapter deals with the commencement of a lease of business premises, specifies the subject of a lease agreement, the lease term, rent. Above the scope of a legal regulation, the author contemplates on special variants of a rent payment. Third chapter of the thesis aims on the content of a lease of business premises, i.e. the rights and obligations of a landlord and a tenant. The author breaks down the new institute of a compensation for the customer base. The thesis deals with changes in lease of business...
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Usufructuary lease
Kešner, Václav ; Liška, Petr (advisor) ; Horáček, Tomáš (referee)
The main goal of this diploma thesis is to summarize usufructuary lease in accordance to Book Four of the current Civil Code, entitled "Relative property rights", Title II. "Obligations arising from juridical acts", second Chapter "Relinquishing a thing to be used by another" and the fourth Section entitled "Usufructuary lease", which is a separate type, that returns to code of private law after more than sixty years. At the beginning I dealt with circumstances of the return of the old-new Institute and the situation that preceded the efficiency of the Civil Code. Next chapter is devoted to the interpretation of some basic concepts that are not known to general public due to its archaic wording, but their definition is the basis for understanding the relationship between usufructuary lessor and usufructuary lessee. Part of this chapter also describes the thin line between lease and usufructuary lease, that lies mainly in different economic function, thus in fact, that a thing is according to a usufructuary lease contract, relinquished not only for use, but also for enjoyment. Subsequently, the diploma thesis continues with the history of usufructuary lease in the 19th and 20th centuries with an attention to Act no. 847/1811 Coll. a. s., General Civil Code, that was adopted into Czechoslovak legal...
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Banking contracts
Jindrová, Andrea ; Liška, Petr (advisor) ; Elek, Štefan (referee)
This diploma thesis deals with the topic of banking contracts. Banking contracts can be specified as contracts typically closed by the bank, along its business activity. The aim of this thesis is an analysis of an effective legal regulation of banking contracts. As from the point of common features of banking contracts, then also from the point of view of individual contract types. Although the diploma thesis is elaborated based on effective legal regulation of the Act No. 89/2012 Coll., the Civil code. The author tries, within the frame of each section, bring attention to the most important changes in comparison with the present legal regulation. The thesis is divided into two parts. The first one is dealing with common characteristic of banking contracts. The author defines the idea of bank contracts, summarizes relevant legal regulations and defines contracting parties. Intensified attention is given to a bank as to a typical subject, closing banking contracts on the side of the service provider on one side and to a consumer as a receiver of these services, based on his better protection on the other side. At the first section, the author also analyses contracts of adhesion. Because banking contracts very often obtain forms of the general and the blank contracts, the essay on these types of...
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