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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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Default of time in business transactions and its consequences
Hrušková, Jana ; Liška, Petr (referee) ; Patěk, Daniel (advisor)
in English Default of time in business transactions and its consequences The topic of a default of time in business transacions becomes very current in our society, which is one of the reasons I have chosen this topic for my diploma thesis. The objective of my work is to define the conditions due to which the debtor or creditor get in the default of ime and explain the consequences of the default of time of one of the contractual parties. In the thesis I shall focus primarily on the definition of the period for performance of the debtor's obligation, because definition of this matter in the Commercial Code is currently quite difficult to interpret and I shall bring attention to certain problems of the legislation related to the treatment of the consequences of the default of time by any of the parties. I would like to pay more attention to the default of time payment interests, as these are the most typical result of the debtor's default of time. My diploma thesis is divided into nine chapters. The first chapter is the introduction defining the objective of my thesis. The second chapter is called the "Default of time in Business Relationships" and specifies the term "default of time". The default of time become when one of the parties, a debtor or a creditor, is in a default of time with performance...
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Institutions inviting public tenders
Kulhánková, Kamila ; Liška, Petr (referee) ; Horáček, Tomáš (advisor)
RESUMÉ CONTRACTING ENTITY OF PUBLIC CONTRACT The aim of this thesis is to describe and represent the current legal regulation of contracting entity of public contract, as well as to highlight some of the key judgments of the ECJ and decisions and opinions of the Office for the Protection of Competition in relation to the contracting entity of public contract. In this thesis, I have tried to focus on the general definition of a contracting entity of public contract and the descriptions of different types of contracting entity of public contract - a contracting authority, a subsidized contracting entity, as well as a sector entity. Undoubtedly an interesting area, which is also the subject of this thesis, is the centralized procurement. Regarding the fact that this institution is not very widespread in the Czech Republic, I have joined the description of a central public procurement in selected European countries to this chapter. The conclusion of this thesis is devoted to a brief outline of the current amendment to Act No. 137/2006 Coll., on Public Contracts, as amended, which is currently at the beginning of the legislative process. In this final chapter, I have also joined some of my thoughts to the legal aspects in relation to the contracting entity of public contract. Personally, I believe that the...
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Loan agreement
Záhumenská, Zuzana ; Liška, Petr (advisor) ; Plíva, Stanislav (referee)
50 III. Záver Ako teda vidíme, naplnenie účelu právnej úpravy zmluvy o úvere si vyžaduje komplexný pohľad na záväzok vo všetkých jeho súvislostiach, pričom je vždy nutné prihliadať k účelu ako zákonných ustanovení, tak dohody strán. Zákonné ustanovenia totiž i tu poskytujú len právny rámec pre realizáciu určitých hospodárskych vzťahov, pričom nemôžu a ani si nekladú za cieľ postihnúť celú ich rozmanitosť. V oblasti poskytovania úverov je podľa môjho názoru dobrým zákonom ten, ktorý je dostatočne pružný, aby nebránil dynamike obchodných vzťahov a umožňoval stranám upraviť si práva a povinnosti podľa ich konkrétnych potrieb, a zároveň dostatočne určitý a presný na to, aby bol efektívne schopný zabraňovať zneužívaniu práva silnejšie postaveným partnerom. Aktuálna právna úprava v obchodnom zákonníku podľa môjho názoru pri hodnotení týmito kritériami v zásade obstojí. Samozrejme, ako v každej oblasti práva, sa prax ani tu nezaobíde bez interpretačnej korekcie zákonných ustanovení rozhodovaním súdov a tiež odbornou literatúrou. V tejto súvislosti veľmi kladne hodnotím, že niektoré významné závery s ďalekosiahlym praktickým významom reflektoval i zákonodarca a odstránil tak právnu neistotu či už v súvislosti s realizáciou zaistenia vo forme zálohy, alebo trvania určitých práv a povinností z úverovej zmluvy i po...
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The bank as a business company
Kouřilová, Zuzana ; Liška, Petr (advisor) ; Plíva, Stanislav (referee)
RESUMÉ: Bank as a company The purpose of my thesis is to analyse the basic conditions of the creation and commencement of the legal existence of banks, business activities of banks, dissolution and the cessation of the legal existence of banks and organisation of banks. The reason for my research is that it is very interesting field of law that enables me to work with the variety of sources of law. Advantage and also disadvantage of the theme of this thesis is that not exist much literature concerning these problems. The thesis is composed of eleven chapters, each of them dealing with different aspects of banking business activities. The short introduction of my work in Chapter One, a little of history in Chapter Two and short characteristic of joint stock company in Chapter Three are followed by Chapter Four dealing with the term "bank" and creation and commencement of the legal existence of a bank, including also the Memorandum of Association and Articles of Association, the banking licence and registered capital. Chapter Five concentrates on problems of bank's organisation and is divided into parts describing especially the general meeting, board of directors, supervisory board and internal audit. The following three chapters reports on the specifics that happen or may happen during the existence of a...
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