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MIFID (Markets in Financial Instruments Directive)
Jůvová, Veronika ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
56 Summary The aim of my diploma thesis is to outline the changes that the transposition of the MiFID directive (Markets in Financial Instruments Directive) brought to our judicial code. I chose the topic because I have always been interested in the issue concerning the capital market, and from my point of view, the directive is the crucial point of the field. This thesis enables the readers to get familiarized with the current regulation of the capital market. The first chapters of my thesis give an outline of the development of the European capital market regulation, with focus on the special process of carrying the community legislation, created by Lamfalussy process. The next chapter is dedicated to the development of the Czech capital market and its incorporation in the European capital market, and the special characteristics of the Czech capital market. The following chapters are dedicated to the MiFID directive, about which I would like to inform the readers from the point of view of a European legislator and so clarify the purpose of its regulation. Furthermore, there are chapters describing particular areas which the MiFID modification relates to. First, I focus on the jurisdiction of the MiFID and the capital market organization with focus on the realization of the control over it. Second, I...
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Loan agreement
Satke, David ; Elek, Štefan (referee) ; Liška, Petr (advisor)
Resumé The purpose of my thesis is to analyze the effective regulation of the loan agreement. First chapters deal with a distinction between the meaning of credit in an economic and in a legal sense, loan agreement's historical evolution and basic principles of credit granting. Then I outline the changes to the regulation of the loan agreement in the past 19 years and briefly deal with the proposal of the new complex civil code, which is being drafted at the moment. The main part of this thesis lies within the Chapter 9. There, I deal with the main issues concerning the loan agreement. Subchapter 9.1 discusses the parties to the loan agreement. It is generally accepted that there are no limitations as to who may be a creditor or who may be a debtor. Subchapters 9.2 and 9.3 deal with the obligation of the creditor to provide the financial resources stated in the agreement, with the possibility to terminate such obligation and with the payment for the conclusion of the loan agreement. The payment is deemed to a fee for the reservation of funds. Description of ways of disbursement of the loan is included in subchapter 9.4. One of the basic obligations of the debtor, the obligation to repay the loan together with the accrued interest is discussed in chapters 9.5 and 9.6. I also deal with a possibility of having...
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Banking contracts
Durčáková, Klára ; Elek, Štefan (referee) ; Liška, Petr (advisor)
The purpose of this thesis is to analyze the area of bank contracts. Bank contracts are part of law of obligations. Their rules are based on statutory provisions in both Civil and Commercial Code. The reason for this research is to analyze basic elements of this area. Its cross-disciplinary nature causes that the regulation is closely connected with more than two mentioned codes. Even if the bank contracts are only a part of complex of obligations, it is still wide enough to enable detailed elaboration. The goal of this thesis is to focus on main questions of the topic. The work is divided into four main chapters, where it deals with the main issues of the aforementioned problematic. This publication also contains list of literature used during analyzing. The first chapter is introductory. The purpose is to introduce the problematic with defining conception of bank contracts, their place in czech law system, elements of all bank contracts, such as explanation of adhesion contracts, relating trading conditions and questions of consumer protection. Of course one of the main goals of this chapter is also to characterize the possible subjects entering into contractual obligations. The second chapter is the study of particular obligations emerging from bank contracts. The chapter is subdivided into two...
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