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Banking contracts
Pola, Jan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The author of the diploma thesis submits a treatise on the scope of contracts defined by the legal theory which are termed as bank contracts, or alternatively bank trades. In order to formulate the concept and the subject matter of such contracts with the adequate precision, the text of the diploma thesis comprises also a specification of other, yet close terms, the knowledge of which the author considers to be crucial for understanding the particular subject. Thus the author enables the reader who is acquainted with the law but does not specialize in commercial or financial law to familiarize with the submitted subject but also expresses his opinion concerning general necessity of defining particular concepts precisely and completely if these concepts are used to express subsequent concepts. While writing the diploma thesis the author tried to explain the indicated problems in the text wherever it was possible, and refers to general arrangement only where there was no other possibility owing to the extent and range of the work. The text is divided into five chapters. The first chapter, which is preceded by a standard introduction, deals with the bank. It is subdivided into ten smaller sections. The first four sections describe four basic attributes of the bank, namely the required legal form, the...
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Bank guarantee
Jindrová, Lucie ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
This thesis deals mostly with regulation of bank guarantee in Czech law, as well as with regulation on international level. The main aim of this work is to provide a complete perspective on bank guarantee, definition of its typical elements and its subjects and relations between the subjects, and to make classification of different kinds of bank guarantees. The work is divided into 12 main chapters and a great number of subchapters. Chapter one deals with a risk that is closely connected with bank guarantee, as bank guarantee is mostly used to secure risks. Chapter two is dedicated to historical development of bank guarantee and to previous regulation in the Code of International Business. Chapter three is focused on legislation of bank guarantee both in the Commercial Code and in other laws that regulate its use in the Czech Republic. This chapter is also concerned with the international law - mostly rules issued by the International Chamber of Commerce in Paris. Chapter four is mostly focused on characteristics of essential elements of bank guarantee, its differences from guarantee and its practical use. Chapters five and six are completely dedicated to establishment of bank guarantee and actions before its establishment. Chapter seven analyses subjects of bank guarantee and relationships between...
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Contractual penalty under the Commercial Code
Kratochvíl, Vladimír ; Patěk, Daniel (advisor) ; Elek, Štefan (referee)
Contractual penalty under the Commercial Code Summary The theme of this Master's degree thesis is Contractual penalty under the Commercial Code. Author chose this topic because contractual penalty is important and very often-used institute through which parties to the contract can secure their obligations. This instrument should guarantee that the debtor would perform his main (primary) commitment to the creditor. If not, he may be punished for a breach of the contract even if there won't arise any damage (loss) on the creditor's side. This fact represents considerable advantage over other similar institutes. The study is focused on issues of contractual penalty in commercial relations, specifically in a situation when both parties to the contract are businessmen and they entered into agreement in connection with their business. However the legislation of the instrument is relatively brief (articles 544 and 545 of the Act No. 40/1964 Coll., The Civil Code and articles 300 to 302 of the Act No. 513/1991 Coll., The Commercial Code, which includes a special regulation for business relations), many questions and uncertainties can be found. Many of them were resolved by adjudications but there are still problematic aspects. Author focuses on their solutions and tries to give response, which will be satisfactory...
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The Consumer Loan Contract and its Securing by Suretyship
Janebová, Lucie ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The Consumer Loan Contract and its Securing by Suretyship As is self-evident from the title of the thesis, the subject matter of the thesis is the analysis of the concept of consumer credit and the securing thereof through suretyship. The starting point of the thesis was the newly-adopted Consumer Credit Act, which came into force on 1 January 2012. The aim of this thesis is to acquaint its readers with the relevant legislation, point out its shortcomings, and analyse the concept of suretyship as the most typical instrument used to secure consumer credit obligations, thus giving the reader a full picture of these legal concepts. The thesis is divided into nine chapters. The first chapter describes a contractual relationship under the credit contract, which is governed by legal regulations similar to those governing a consumer credit contract or a loan contract. This chapter analyses the essential terms of a credit contract, its origination and termination. Also analysed are the differences between a credit contract and a loan contract under the Civil Code. The second chapter describes the history of the consumer credit concept, in both domestic and European contexts. Particular emphasis is given to the individual directives of the European Community, currently the European Union, since they are of...
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Loan agreement
Čížek, Ondřej ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The purpose of my thesis is to generally describe the legal aspects of the loan agreement which includes the describtion of credit and customer credit too. The thesis is composed of eight chapters and each of them dealing with different aspects of the credit or the Loan agreement. Chapters describes the term "credit" and the difference between his legal and economic sense for society. It's necessary mention different kinds of credits, his meaning, ways of categorizations and basic principles used in credit contracts. In loan agreement I begin with a short historical introduction, his origin and evolution. Most important part of my thesis examines relevant Czech legislation of the credit contract, his meaning in system of law, necessary and unnecessaty part of loan agreement, diferrent kind of legal security of provided money and the special possition of bank like a creditor. Credit contract is regulated in § 497 - § 507 in Czech Commercial code n. 513/1991. Under the loan agreement, the creditor obligates to provide to the debtor, at his request, certain amount of money, and the debtor obligates to repay the provided money and pay interest. Interest in this contract is a price that the crediton is fain to allow the money. Loan agreement is one of the absolute commercial law obligations which means that the...
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By-laws of a bank
Vančová, Pavlína ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Identification and definition of the Bank's Articles and practical analysis of two effective Bank's articles. The aim of this thesis was to emphasize the special treatment of banking statutes and to point to the importance of requirements for the banking statutes of the Commercial Code and Law on Banks. Due to the fact that banks are subjects with a strict state regulation, articles of association are also influenced by the secondary legal acts issued by CNB. The thesis is further focused on effective banking statutes of the two banks in order to estimate the statutory requirements accomplishment. The work consists of an introduction, four chapters, conclusion, appendices and bibliographies. In the introduction the author briefly introduces the reader to the problems and outlines the reasons why she chose the topic as the goals which should be achieved in the thesis. The first chapter deals with the definition and general characteristics of the Articles of Association with the emphasis on mandatory requirements of the Commercial Code. The second chapter is focused on a brief description and definition of the concept and status of banks in the Czech Republic. In the third chapter the author describes the mandatory requirements of the banking statutes according to the needs of the Commercial Code as...
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Bills of exchange in the recent practice with special regard to types and admissibility of causal objections and relating decision-making
Švarc, Jan ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
in English The thesis aims especially on questions concerning law of exchange which are not satisfactorily answered yet neither by academical community nor by judicial decisions made by the Czech courts and those which should be, from the point of my view, answered differently. In the first chapter, I tried to critically review various doctrinal definitions of bill of exchange and to draw up my own definition which affects bill of exchange complexly in its entireness. Second chapter is divided into three subdivisions chronologically. First subdivision refers to proofs of ancient documents congenial to contemporary bills of exchange. I have come to conclusion that the existence of bills of exchange can be proven as far as the beginning of the first millenium. Institute simmilar to the one of bill of exchange may be found in the Roman civil law. The second subdivision of second chapter assays medieval bills of exchange very thoroughly more than any other thesis on the same subject. All my ideas given are supported by quotations. The third subdivision briefly explains development of law of exchange in the modern period. The third chapter is dedicated to the general purpose of law of exchange and its modern usage with extra amount of attention paid to blank bills of exchange and collateral drafts....
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By-laws of a bank
Chudoba, Martin ; Liška, Petr (advisor) ; Elek, Štefan (referee)
of the Thesis "By-laws of a bank" My thesis is dedicated to the by-laws of a bank in the Czech Republic, which are often considered to be the most important document of not only a bank, but also a joint-stock company in general. The main goal of this work is to map and describe the present situation concerning the legal regulation of by-laws of a bank in the domestic law. The first chapter briefly outlines the historical development of the corresponding regulation. In a retrospective manner, we are introduced to acts relevant to the bank's by-laws before the contemporary legal framework, consisting of Act No. 513/1991 Coll. (the Commercial Code) and Act. No. 21/1992 Coll. (on Banks), was adopted. The secondary purpose of this chapter is to familiarize the reader with the statutory enactment of banking industry during the period of communism since 1948. In the second chapter, evolution of the term "bank" itself in the context of Act on Banks is explained. The difference between legal definition and factual meaning of a bank is emphasized. The third and the most comprehensive part describes the by-laws of a bank themselves in the view of both above mentioned acts. By-laws' significance, character, processes of adoption and amendments, validity, force and other aspects are discussed along with their...
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Intermediated Holding of Securities
Vondráček, Ondřej ; Černá, Stanislava (advisor) ; Elek, Štefan (referee) ; Pelikánová, Irena (referee)
Ph.D Thesis Mgr. Ondřej Vondráček LL.M Intermediated Holding of Securities September 2010 1 ABSTRACT This thesis deals with the phenomenon of the intermediated holding of securities which has recently changed the perception of the legal nature of securities as well as the rights connected with them. The intermediated holding of securities is a relatively new notion in the area of capital markets and securities law. In the same way globalisation has transformed the approach to the commerce of tangible goods it has also changed the market environment for the abstract creations represented by securities and rights connected with them. The impact of this metamorphosis has meant that securities are no longer traded as goods requiring physical transfer and delivery but are instead increasingly traded as intangibles circulating only through changes made to electronic records in securities accounts. When financial markets were dominated by certificated securities their holders had a direct relationship, both to the security and to its issuer. Due to the operation of a double legal fiction which, on the one hand, incorporated the rights flowing from the securities in the certificate serving as a corporeal means of transport for the record of these rights, and, on the other, granted to this certificate the status of...
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