National Repository of Grey Literature 85 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Bonds and their types
Polach, Jaromír ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
Bonds are a type of debt securities, which are regulated by the Act on Bonds (the Act No. 190/2004 Coll., as amended). In the Czech Republic, bonds are used to finance especially the government is especially financed through bond issuing. Despite bonds are not widespread across private companies or territorial self-governing units at the moment, in the future they might play a bigger role and become a competitor to the traditional ways of financing (e.g. bank loans) thanks to their advantages. The purpose of this master's thesis is to introduce the legal regulation of bonds, to distinguish bonds from different ways of financing, including description of their advantages and disadvantages, to analyze particular requirements of bonds, to describe the process of bonds issuing and finally to divide bonds into categories according to various standpoints. The thesis is composed of five chapters. The first chapter focuses on the formal sources of Czech and European bond law and on the concept of a bond, including its characteristic features. The second chapter concerns with the comparison of bonds to other ways of financing. For purposes of this thesis a company was chosen as a role issuer for the comparison. This chapter also introduces the advantages and disadvantages of bonds in relation to theirs...
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...
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...
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...
A comparison of current and deposit account contract
Škrobánek, Petr ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Resume: A comparison of current and deposit account contract The original purpose of the diploma thesis " A comparison of current and deposit account contract" had been to describe and analyse the existing legislation of the Current Account Contract and the Deposit Account Contract regulated by Act No. 513/1991 Coll., the Commercial Code, as amended by subsequent legislation, further to compare them and to draw the appropriate legal conclusions out of this comparison. With respect to the development of legal control, in particular due to passing the Act No. 284/2009 Coll., on payment system, as amended by subsequent legislation, and the Act No. 89/2012 Coll., the Civil Code, it was necessary to modify the meaning of this thesis in the way to reflect new statutory regulation resulting out of the above, while respecting existing regulations. The aim of the thesis thus became a description, analysis and comparison of the Current Account and Deposit Account Contract and a description and analysis of the Contract for Payment Services, all of above covered by the description and subsequent comparison with the Account Contract. The thesis is conceived primarily to comparison of the above-mentioned statutory regulations with the fact that some of the more significant and at the same time problematic legal issues...
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....
Banking contracts
Füleová, Adriana ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Resumé - Bank Contracts Bank Contracts are an integral part of our everyday lives. Citizen and bussines entities used bank contracts very often. Despite this fact we can't find legal definition in the Czech law. Banking contracts understand contracts that are signed by banks in their business activities and obligations under these contracts arise. While the banking contracts have been widely used, in Czech law there is not too much literature and judgements abou this issue. Lack of legislation, however, can often lead to real life problems in implementing the obligations under those contracts. The purpose of my thesis is to analyse current legislation of bank contracts contained in Commercial Code (Act No. 513/1991). The thesis is composed of three main parts. First part is introductory and defines basic terminology used in the thesis. First part is consisting of four chapters. In first chapter I am trying to explain, what bank contracts are. Banks often exploit their stronger position as a contracting party and enter into contract, which we call adhesion contract. In second chapter I am trying to explain what adhesion contract is. Then in third chapter I focus on general business conditions and in last chapter I focus on consumer protection legislation in connection with the implementation of the laws of...
A loan agreement with a special regard to German legislation
Horáková, Karolína ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Závěr Cílem této diplomové práce bylo zpracování platné právní úpravy smlouvy o úvěru v české právní úpravě s přihlédnutím k německé právní úpravě. Účelem této práce nebyla právní komparace obou právních úprav, což by vzhledem k obsáhlosti tématu nebylo ani možné, ale bylo jím pouhé přihlédnutí k základním otázkám, které se smlouvou o úvěru souvisí. Jádrem této práce je platná právní úprava smlouvy o úvěru v české právní úpravě, včetně úpravy obchodních podmínek bank, s ohledem nejen na současné zákonné znění, ale i na znění vládního návrhu nového občanského zákoníku. Současná česká i německá právní úprava smlouvy o úvěru je převážně dispozitivního charakteru a je tak založena na zásadě smluvní volnosti, kterou je soukromé právo ovládáno. Jsem si vědoma toho, že česká právní úprava smlouvy o úvěru vykazuje určité nedostatky, ale i přes ně poskytuje dostatečně funkční a flexibilní podklad pro uzavírání smluv o úvěru. To potvrzuje i vládní návrh nového občanského zákoníku, který platnou právní úpravu smlouvy o úvěru až na drobné změny přebírá a mění pouze označení smluvních stran. Za problematické v současné právní úpravě smlouvy o úvěru považuji chybějící zákonné ustanovení, které by určovalo dobu, do kdy je dlužník povinen platit úroky z poskytnutých peněžních prostředků. Je tak třeba vycházet z názoru...
A letter of credit contract and a collection contract
Wagnerová, Markéta ; Liška, Petr (advisor) ; Elek, Štefan (referee)
A letter of credit contract and a collection contract This final thesis is focused on two important payment instruments - the letter of credit and the collection. The aim of this thesis is to analyze the letter of credit and the collection. Its main target is to describe both payment instruments and to introduce their use in real life situations and to point out advantages and disadvantages of both instruments. Both domestic and international legal arrangements as well as expert literature and articles were used to write the thesis. As a main source was used Commercial Code and unification of trade customs by the International Chamber of Commerce. The thesis is divided in 5 chapters which furthermore divide themselves into several more subchapters. Because of the fact that contract on the letter of credit and the contract on collection are fundamental for the creation of commercial law obligation the first chapter discusses the general characteristics of commercial obligations from the point of view of the Civil Code and from the point of view of the Commercial Code. Furthermore the letter of credit and the collection are one of the many of bank contracts and these are explained in detail in the second chapter. The bank itself is a party to such contracts and that is why a lot of attention is paid in the...

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