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Legal issues of transactions with securities and financial derivatives
Pospíšilová, Karolína ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
1 Abstract Legal issues of transactions with securities and financial derivatives The aim of this thesis is to analyse valid legal regulations concerning securities and financial derivatives, to compare it with regulations valid before recodification of Czech private law as well as to describe operation of the financial market, where transactions with securities and financial derivatives take place, through analysis of capital market regulation and supervision. The thesis is composed of three main chapters. Chapter One is focused on a definition of the financial market and its structure and further examines the capital market as a part of the financial market. Primary attention is concentrated on capital market regulation and supervision from the perspective of international, European and national law. Conclusion of this chapter deals with the main organizer of the regulated market in the Czech Republic, i.e Prague Stock Exchange. Chapter Two concerns the definitions of securities and their classification according to their forms and types. Shares, as one of the most important type of securities, are covered in more detail. This chapter also outlines issuance of securities and describes main contracts concerning securities. This part also includes a dedicated section on investment instruments embracing both...
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Types of shares in the regulation of the Business Corporations Act
Havrlík, Petr ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Types of shares in the regulation of the Business Corporations Act The purpose of this diploma thesis is to analyze, describe and elaborate changes that into the Czech legal order brought the Act No. 89/2012 Coll., the Civil Code and the Act No. 90/2012 Coll., on Companies and Cooperative association. The diploma thesis is divided into five chapters that process from the general to the specific issues and focus on foreign legal orders which deal with particular aspects of shares and types of shares. The first chapter of this thesis is focused on the general concept of security, its definitional delimitation and historical development of security as other property value and thing. Furthermore, this chapter deals with the concept of participating security and its importance in the new legislation. Finally, this thesis generally focuses on the possibilities of incorporation of rights and obligations into shares. The second chapter is a crucial part of this diploma thesis and deals with types of shares as such. Firstly, this chapter focuses on the interpretation of the term type of share and its definitional features. Subsequently, there is a part devoted to basic institutes of ordinary shares and preferred shares. The third chapter is devoted to shares with special rights, namely the legally enshrined...
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Position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program).
Trojanová, Justina ; Mlsna, Petr (advisor) ; Handl, Vladimír (referee)
This thesis titled The position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program) is dealing with the program of direct monetary transactions (OMT) and its compliance with EU primary law. It is the first time in history, when the German constitutional court submitted a question to the Court of Justice of the EU. The program was announced in 2012 as a program of unlimited purchases of government bonds. It has not been applied yet, but its very existence has helped to calm European markets and bond yields of states which are faced with financial problems. Large number of German politicians and economists stepped up against the program and shared the view that the program essentially requires that German taxpayers pay bills for other eurozone countries. It was also emphasized that this program clearly exceeds the mandate of the European Central Bank of maintaining price stability. This work includes logically arranged chapters, which include the creation of the euro zone, Greek debt crisis, subsequent rescue programs and solitude OMT program and judicial proceedings in relation to this program. The final section focuses first on the judgment of the European Court of Justice, which sets out important conditions for the possible application of the program in the...
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Deposit of Securities and Book-entry Securities Held Through Intermediaries
Dvorský, Václav ; Pauly, Jan (referee)
Deposit of Securities and Book-Entry Securities Held through Intermediaries Abstract The subject of this work is the analysis the deposit (i. e. safe custody) of securities in several Central European legal systems performed in a dogmatic, historical and comparative context. Firstly, the particular types of deposit contracts are introduced. These are a regular (individual), aggregate, mingled and irregular deposit. These types of contracts are discussed in more detail, especially in terms of the rights and obligations of the parties. It is determined who is the owner of the things deposited, the degree of responsibility of each party, the extent of the obligation to restore the deposited thing, etc. Although the types of contracts are analysed primarily in terms of deposit of securities, these are general types of deposit contracts that can be applied much more widely. Therefore overlaps with other legal institutes, such as a storage contract, are also indicated. Then follows an analysis of the historical development of the regulation of deposit of securities from the 19th century to the present, with emphasis on the Central European context, especially the law applicable on the territory of today's Czech Republic. This analysis states that until the beginning of the communist regime, regulations in...
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Financial mathematics for secondary schools with internet support
Tomandl, David ; Robová, Jarmila (advisor) ; Odvárko, Oldřich (referee)
The work deals with financial mathematics and its teaching in upper secondary school. This thesis contains introduction to finance, simple and compound in- terest, securities, bonds, loans and savings. The work is also presented in the form of web pages. The web pages are enhanced with interactive features such as applets in GeoGebra and step-by-step solutions for exercises. The web pages include a final test in which one can check his knowledge. The test contains ten randomly generated tasks which cover the curriculum of the thesis. The work is meant as an extending teaching materials for upper secondary school pupils. 1
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Sukuk as Islamic Financial Instruments from the Perspective of Czech and European Law
Vojtěch, Jakub ; Bakeš, Milan (advisor) ; Marková, Hana (referee) ; Radvan, Michal (referee)
Sukuk are a special kind of securities based on Islamic law. Being an up-to-date and increasingly important instrument, sukuk are traded in financial markets of not only Muslim countries. The aim of the dissertation is to review this Islamic legal institute in its entirety and to examine it from the point of view of the Czech and European Union legal regulation of securities and financial instruments. The starting point of the dissertation is the assumption that by studying foreign law and comparing its institutes, it is possible to achieve a better understanding of one's own legal regulation and possibly create new solutions that would otherwise be hidden in the standard context of understanding national law. The dissertation deals with sukuk both in terms of their theoretical definition provided by the Islamic legal theory (the idealistic approach) as well as from the point of view of their actual form in practice as products of Islamic securitization (the pragmatic approach). The analysis of the examined legal institute results in a new definition of the concepts of sukuk and Islamic securitization. The paper further concentrates on the structures of a total of seven main types of sukuk, namely: (i) Sukuk al-Ijarah, (ii) Sukuk al-Murabahah, (iii) Sukuk as- Salam, (iv) Sukuk al-Istisna'a, (v)...
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Markowitzův model optimalizace portfolia
POSTLOVÁ, Šárka
The thesis deals with modern portfolio theory. The theoretical part of the thesis describes the historical development of portfolio optimization and presents the basic theoretical background of the Markowitz model, the Tobin model and the Capital asset pricing model. In the practical part of the thesis, the models are applied to real data from two Czech securities markets, PSE and RM-S. An optimal portfolios composition is proposed by the three models mentioned above and then the outputs of the models are compared to the real datas from the next period. Finally, the benefits and drawbacks of the used models are evaluated.
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Shares as securities
Škodová, Magdalena ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
This Master's degree thesis focuses on shares from in the context of provision of stock law in the context of provision on securities or book-entry securities under civil law. In the first part the quality of connection of the right and the list is analyzed including situations when the shareholder's right can exist independently of the security list. Also the definition of securities is reviewed which apply to shares only with certain reservation described here. The functions and the most important features of shares, such as the substitutability and tradability of shares on a regulated market, are also discussed. The thesis further reflects the fact that the share can also be issued as a book-entry security, the regulation of which has been separated from the category of securities and therefore forms a separate category. The last alternative is the share in the form of an immobilized security whose character is based on the adjustment of the securities as the share's list is preserved, as well as the book-entry securities through registration in the register. The second part analyzes registered shares and bearer shares. These forms of shares are distinguished by their requisites, but also by the extent of the limitations that are set out in these forms. Above all, it is a ban on bearer shares in...
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Position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program).
Trojanová, Justina ; Mlsna, Petr (advisor) ; Handl, Vladimír (referee)
This thesis titled The position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program) is dealing with the program of direct monetary transactions (OMT) and its compliance with EU primary law. It is the first time in history, when the German constitutional court submitted a question to the Court of Justice of the EU. The program was announced in 2012 as a program of unlimited purchases of government bonds. It has not been applied yet, but its very existence has helped to calm European markets and bond yields of states which are faced with financial problems. Large number of German politicians and economists stepped up against the program and shared the view that the program essentially requires that German taxpayers pay bills for other eurozone countries. It was also emphasized that this program clearly exceeds the mandate of the European Central Bank of maintaining price stability. This work includes logically arranged chapters, which include the creation of the euro zone, Greek debt crisis, subsequent rescue programs and solitude OMT program and judicial proceedings in relation to this program. The final section focuses first on the judgment of the European Court of Justice, which sets out important conditions for the possible application of the program in the...
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Analysis of degree of the financial market regulation in the US and expected trends
Malyk, Kateryna ; Blahová, Naďa (advisor) ; Marková, Jana (referee)
The bachelor thesis is focused on the analysis of the US financial market regulation system and the investigation of certain cyclical events, which then lead to a change of regulation. The aim is to provide an overview of the real situation on the financial market. Another aim of this thesis is to highlight the existing significant issue in the US market and warn of possible consequences. Attention is also paid to the interconnection with the cycle of the US President's election. The first chapter generally describes the history of development and transformation of regulation in the United States. The second chapter focuses on the structure of the US financial market regulation and supervision system by regions. In the third part of the bachelor thesis, selected impulses of regulation change are analyzed and the current situation in the US market is described. The conclusion includes a summary and my opinion on the future development potential in the field of regulation.
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