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Banking contracts
Durčáková, Klára ; Liška, Petr (advisor) ; Elek, Štefan (referee)
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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Public Offering of Securities
Mikuláš, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Elek, Štefan (referee)
Univerzita Karlova v Praze Právnická fakulta Disertační práce Veřejná nabídka cenných papírů Public Offering of Securities Abstrakt v anglickém jazyce Červen 2011 Mgr. Jan Mikuláš Školitel: Prof. JUDr. Stanislava Černá, CSc. Abstrakt v anglickém jazyce Public offering of Securities Dissertation thesis focuses on public offering of securities according to the Czech Law, USA Law and German Law. The first part of the dissertation thesis describes the definition of securities and basic types of securities according to the Czech law. Subsequently, new types of securities like derivates are described in more detail. Following part of the dissertation thesis analyzes interpretation of the term "security" according to the USA Securities Act of 1933. This part of the dissertation thesis covers the most important case-law such as SEC versus W.J.Howey Co., SEC versus Koscot Interplanetary, Inc. or Landerth Timber Co. versus Landerth. The main part of the dissertation thesis is concerned with the legal regulation of the public offering of securities. Especially the definition of the public offering is more closely analyzed, while as the basis for the definition the German professional literature and commentaries regarding prospectus and public offering according to the German Law and EU Law were used. Further...
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A comparison of current account and deposit account contracts
Votava, Adam ; Liška, Petr (advisor) ; Elek, Štefan (referee)
of the Thesis "A comparison of current account and deposit account contracts" The thesis is dedicated to a comparison of current account contracts and deposit account contracts. Since both contracts have became very common, it is interesting to investigate mutual characteristics and differences properly. The thesis is divided into several parts, each of them dealing with individual legal institutes of the legal regulation of these contracts. First chapter deals with the legal regulation of compared contracts in relation to split of the regulation between Act. No. 513/1991 Coll., Commercial Code and Act. No. 284/2009 Coll., on the system of payment. Chapter Two describes the legal definition of both contracts as it stands in Commercial Code. It also examines the legal form of the contracts and some informational obligation arising from Act on payment services. Chapter Three deals with the disposal of the accounts while chapter four deals with the disposal of financial assets on the accounts together with providing information associated with payment transactions and terms for their execution. Chapter Five is dedicated to the interests. Among others it examines assessment of interest, from legal point of view, and its payout. Chapter Six, on the other hand, deals with the fees associated with the...
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Bank as a business corporation
Flanderka, Milan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The purpose of the submitted diploma thesis is to describe, analyse and primarily compare the legal status of commercial banks as a specific type of joint stock company under the Act No. 21/1992 Coll., the Banking Act, as amended, and the legal status of regular join stock companies under the Act No. 90/2012 Coll., on Business Companies and Cooperatives (the Corporations Act) which are not supervised by the Czech National Bank. The diploma thesis is divided into eight chapters where each of them is dealing with a different aspect of bank's business activities. The first chapter is dedicated to a brief analysis of the term bank. The second chapter is more extensive because it provides fundamental legal characteristic of incorporation and commencement of the legal existence of both a bank and regular joint stock company. In this chapter, I also compare bank's Articles of Association to regular joint stock company's Articles of Association. Attention is also given to the concept of banking license. Third chapter may be considered as the key part of this diploma thesis because it contains analysis of the bank's organisation including a description of its specifics. The third chapter namely analyses the status and authority of the General Meeting of a bank and the concept of shares representing interest...
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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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By-laws of a bank
Hebký, Václav ; Liška, Petr (advisor) ; Elek, Štefan (referee)
58 The Abstract of my thesis The topic of my thesis is the legislation on the bylaws (statutes) of the banks in the Czech Republic. The bylaws are the most important documents not only of the banks, but also of every joint-stock company in general. The aim of this paper is to describe the present (contemporary, actual) national (Czech) legislation on the banks' bylaws and to emphasize the differences between the bank's bylaws and the bylaws of the ordinary joint-stock company. The first two chapters are focused on the explanation of the (the first two chapters explain) basic terms used in this work, specifically the terms "bank" and "the bylaws of the bank" in the light of the Czech law. In the following chapter I attempt to discuss division of the necessary parts of the bylaws. Then I continue with more detailed analysis of the bylaws requisites prescribed by the Czech Commercial Code and also required under the Law on Banks. At the end of this chapter there is a comparison of the particular provisions of the two leading banks' bylaws regarding their management and control systems, since these matters are individually tailored for each bank. The subsequent text mentions optional provisions that can be included in the bylaws, their possible division (categorization), and it presents (shows) few practical...
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Bank account
Láníková, Kristýna ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Title of the Diploma Thesis Bank account Abstract The first part of the thesis deals with the account from the perspective of legal theory. It is examined the nature, characteristic elements and brief historical development. Following an analysis of the account as an object of property rights. In the chapter Legislation of the account under the Civil Code the thesis provides an analysis of provisions that affect the obligations of the account agreement. A part of this chapter is dedicated to a division of accounts under the existing scheme of the Civil Code. Regulation of other than a payment account and bankbook will be mentioned only in passing. Furthermore, the work deals with the analysis of rights and obligations being performed in relation to the provision of payment services, comprehensively regulated by the Payment System Act. Due to the fact, that the form of the Payment System Act has been significantly influenced by the european legislation, the thesis reflects, in appropriate cases, to the wording of the so-called Payment Services Directive. The final part describes fundamental changes in the provision of payment services going in connection with the adoption of the Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment...
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Bonds and their types
Kučera, David ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
Bonds and their types Resumé The aim of this thesis is to introduce the reader with bonds and their issue. At its first part, this thesis introduce the legal definition of the bond, identifying the main differences between bonds and other types of securities and last but not least describe the economic and legal functions of bonds. The definition is being discussed merely from the Czech law point of view and it generally does not compare the Czech definition with legal definitions from different countries and legal systems. In the following part the thesis is pointing out the basic laws and other statutory provisions regulating the bonds within the Czech Republic. It is the national laws and European Community statutory provisions (especially Regulations and Directives) that are being mentioned and discussed. Subject matter of this work is also a brief summary of the bond's requirements as they are defined by the Czech law. It is possible to divide those requirements into two separate parts: (i) requirements that are obligatory for all bonds; and (ii) requirements that are obligatory for specific types of bonds only. The thesis describes these requirements only from the general point of view and does not discuss them in more detail. Another part of the thesis concerns the brief explanation of the bond issue...
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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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Contractual penalty and late payment interest under the Civil Code
Pavlíčková, Jana ; Patěk, Daniel (advisor) ; Elek, Štefan (referee)
Summary: Contractual penalty and default interest under the Czech Commercial code The purpose of my thesis is to analyze contractual penalty and default interest pursuant to the Commercial Code of Czech Republic. The paper gives a detailed description of the current legislation as well as a draft of the present Commercial Code of Czech Republic on the concerned subject matter. Moreover, it outlines the foreign legislation and a historical evolution of contractual penalty and default interest. The thesis presents in a concise form the relevant Czech case law, in particular the decisions issued by the Supreme Court. The thesis is composed of eight main chapters, each of them dealing with different aspects of contractual penalty and default interest. Chapter One is introductory and defines basic terminology, which is used in the thesis. Furthermore, it analyzes the purpose of contractual penalty and default interest, legislation in force, the historical evolution of legislation and the foreign legislation involved. Chapter Two examines an agreement on contractual penalty and default interest, its alternation and a simultaneous agreement on contractual penalty and default interest. Chapter Three focuses on a duty to be secured. Chapter Four endeavours to survey in detail the subject matter of contractual...
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