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Activities of certified auditors
Berková, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Title: Activities of certified auditors Key words: auditor, liability, International Standards on Auditing ABSTRACT The diploma thesis focuses on the legal aspects of activities of certified auditors, particularly in the context of auditors' liability. First, it briefly summarizes the history of auditing throughout the world and in the Czech Republic. It analyses the meaning and objectives of the statutory audit and explains the triangular relationship between the auditor, management of the entity and its owners. The description of a typical course of assurance engagement is accompanied by cautionary advice for intricate aspects of acceptance of an audit engagement and the preparation of engagement letter. Attention is paid to materiality levels used during the statutory audit and to the expression that the financial statements give a true and fair view of the financial position of the entity. Different types of auditor's report are distinguished and a variety of errors frequently made not only by users of financial statements from the common public but also by experts participating in management of audited entities is mentioned as well. The three chapters dealing with auditor's liability discuss the civil, disciplinary and criminal issues related to assurance activities. As regards auditors' civil...
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Legal aspects of deposit banking transactions
Hulíková, Alena ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This thesis deals with chosen legal aspects of deposit banking transactions. The objective of this thesis is to introduce basic aspects of deposit banking transactions and to analyze chosen related topics. The thesis is focused on selected deposit banking transactions as it is not possible to deal with a full list of deposit banking products and to reflect all aspects within this kind of a task. The thesis consists of eight successive sections. The first section introduces the term of deposit banking transaction and its classification. In the second section the most important types of deposit banking transactions are described with emphasis on their distinctive features, by which it is possible to distinguish them. The third and forth sections deal with influence of the European Union legislation on the area of deposit banking transactions. Especially consumer protection legislation is taken into consideration. The fifth section discusses the institut of financial arbiter and the specifics of the proceedings. In the sixth section deposit guarantee legislation is discussed. The seventh section deals with the banking secrecy and possibilities of its breaking. In the last section anti-money laundering legislation is analysed. Attention is mainly paid to identification of a client, due diligence and...
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The position and activities of the European Central Bank
Matoušková, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this diploma thesis is to evaluate what influence has the ECB decision-making on the Eurozone economy and above all to consider the ECB's involvement in solving of the recent financial and persisting European debt crisis. First two chapters represent rather a theoretical part of the thesis, in which the author is dealing generally with the importance and the role of the ECB in the course of the European integration, including its origin, its management structure and internal decision-making process. The second chapter focuses in detail on the ECB's tasks and competencies with emphasise mainly on the monetary policy and on the clarification how a so called transmission mechanism enables the measures adopted within the monetary policy to transform into the real economy. There is also more elaborated the primary task of ECB which is to maintain the price stability. The second part of this thesis is more analytical and reflects current trends and development in the EU banking sector with an accent on the ECB's attitudes. The recent financial crisis is discussed in the third chapter together with the new regulatory rules. Financial crisis tend to have some joint characteristics like e.g. the source of their origin that often lies in an excessive and rapid loan expansion, in leverage increase,...
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Motor Third Party Liability in the European Context
Jašíčková, Darina ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
MTPL insurance represents a complex issue regulating in particular protection of the third party in a claim settlement. This area is regulated on the EU law level by Council Regulations and Motor Insurance Directives as well by the green cards system and Hague Convention on the Law applicable to traffic accidents on the international level. To provide MTPL insurance in the European Union is possible under the single European passport but there are still persisting the differences in the extent of insurance cover and liability in the particular Member States including the national regulation requirements. The primary condition for MTPL insurance providing in the EU/EEA is the obligatory membership of the insurer in the national Insurers' Bureau and the Guarantee Fund. The Court of Justice of the European Union relevant decisions has contributed to the interpretation of Motor Insurance Directives provisions and to determination of their correlation to national legislations. From the future perspective is of the importance the legislation process of the PEICL draft. The Czech legislation is fully in compliance with the EU law. Legal practice and court decision shall face to the principal changes in connection with the new Civil Code application since 1, January 2014. Especially in the area of injury...
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Legal aspects of currency and money circulation
Hájek, Roman ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
"Legal aspects of currency and money circulation" represent a very original and specific area of monetary law. They are closely related to the economic and social issues, as the money as a phenomenon affects long-term visions as well as everyday life. The objective of my diploma thesis was a view on the current legislation of Czech currency and money circulation in the context of monetary theory and monetary law. Where required, there is a historical development of Czech legal currency and, in brief, issues related to the adoption of the common currency euro in the Czech Republic. This diploma thesis is divided into two parts each of them is subdivided into chapters and subchapters. The first part focused on selected legal aspects of the currency gives, at first, a brief overview of the relationship between the currency and the money. There are analyzed the parts of monetary sovereignty, including the relation between the monetary sovereignty and the monetary union. The comprehensive part is focused on the legal regulation of a legal currency, the historical development (including processes associated with the division of the common currency of the Czech Republic and the Slovak Republic) and the current status of the legal currency in the Czech Republic. With the similar structure, the second part...
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Insurance of the responsibility for damage caused by vehicles
Šlauf, Petr ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
In my rigorosum thesis, I dealt with basic questions of insurance liability for damage caused by vehicles. Individual chapters of my work conform to the basic framework of insurance liability for damage caused by vehicles. In the end, I commented the important breakthrough in that topic which is the effectiveness of the Civil Code on 1 January 2014 which will bring significant changes. In this context gets more space case law, documents and unconditional solutions of individuals steps or issues in the context of insurance of liability for damage caused by vehicles.
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Protection of investors in the capital markets
Drobiš, Zbyněk ; Kohajda, Michael (referee) ; Novotný, Petr (referee)
- PROTECTION OF INVESTORS IN THE CAPITAL MARKETS The purpose of the work is to describe about the protection of investors in the capital markets and create work that outlining to the general and professional public the possibility of obtaining damages for the infringements of the law. The work is focused on the most common unfair practices in the capital markets. Author of the work describes the issue of churning, which is the most common violations of the law and causing considerable financial losses to the investors. The work is analyzing the particular responsibility of the securities trader and investor intermediary. The work is focusing on the most common malpractice and violations of the law. The main part of the work is an overview of the administrative punishments by Czech National Bank. Work is also analyzing the judicial decisions for the purpose of the work. Finally, the author is focused on the issuer's liability for the breach of information duties.
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Protection of clients and investors on financial markets
Hellebrandová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
1 Abstract Thesis: Protection of customers and investors on financial markets The purpose of my thesis is to analyse and comment an issue of legal tools implemented for the protection of investors on financial markets and customers, clients of financial institutions. The thesis is formally divided into eight chapters. Thesis commences by introductory defining the scope of thesis and tasks given to be commented. Chapter one summarize definitions of terms further used in the thesis with special focus on content of the term "Customer (Client)" and "Investor" and their distinction for purpose of this thesis. Second chapter focuses on historical aspects and inputs for development and improvement of financial regulation. I am attempting especially to highlight the influence of political changes and financial crises to concerns about regulation of financial environment (which usually lead to its modification or tightening of rules) on given samples firstly of development in the Czech Republic after year 1989 and secondly on European Union during the last financial crisis of years 2007 - 2009. Third chapter consists of analysis of the financial markets regulation in the Czech Republic under present legislation mainly and in detail focusing on the role of Czech National Bank. As the Czech National Bank integrated...
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Institute of Several and Joint Liability for Value Added Tax
Sejkora, Tomáš ; Kohajda, Michael (advisor) ; Boháč, Radim (referee)
Diploma Thesis Abstract This diploma thesis is focused on the several and joint liability institute as the main securing VAT institute (instrument) with its own legislation in the Czech VAT Act. This thesis should be a comprehensive analysis of the matter of the several and joint liability in the tax process and should provide an alternative view of some of Czech tax doctrinal conclusions. The introductory part of this thesis is devoted to the particular several and joint liability issues arising from the confrontation between private and public branches of law. The author considers the judicial praxis of awarding the subject of the several and joint liability by recourse wrong. This recourse is derived from the unjust enrichment institute by the Czech Supreme Court. The problem is seen by the author in the fact, that the subject of the joint and several liability does his own legal duty and does not fulfil someone else obligation. Then follows the section about the general legislation of the tax joint and several liability. This tax legislation notably regulates status of the tax subject of the several and joint liability in the tax process and the rest of this legislation should be applied on VAT several and joint liability due to the subsidiarity principle. The main section about the individual subject...
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Legal regulation of insurance of liability for damage caused as a result of a car operation
Jarošová, Markéta ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
The purpose of my thesis is to analyse the legal regulation of insurance of liability for damage caused as a result of a car operation. The thesis is divided into five chapters. Chapter one briefly describes a history related to the subject of my thesis. The chapter consists of three subchapters which are divided according to time periods. Chapter two represents a general introduction to the subject of my thesis. This chapter deals with injury and also in general deals with liability insurance and its legal regulation. The second chapter also focuses on principles of insurance of liability for damage caused as a result of a car operation. The main part of my thesis is chapter three which examines the current legal regulation in Czech Republic and also contains my views. Third chapter is widely divided. It consists of nine subchapters. The first subchapter explains formation of insurance. The second subchapter characterises an insurance contract. The next one describes an extent of insurance of liability for damage caused as a result of a car operation. The forth subchapter deals with the payment of premium and with its calculation. The fifth one considers the rights and duties of contractual parties. There is a description of the insurance incident and its removal in the next subchapter. The seventh...
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