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Loan agreement
Satke, David ; Liška, Petr (advisor) ; Elek, Štefan (referee)
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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Credit
Tichá, Irena ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Credit This diploma thesis deals with the provision of credit and credit agreement under Sections 2395 - 2400 of the Civil Code. The purpose of this thesis is to analyze legal regulation of credit agreement under Civil Code and also to describe selected issues of Consumer Credit regulated by Consumer Credit Act. The first chapter describes credit in general, defines credit agreement and sources of the law, by which credit agreement is governed, then I compare credit agreement and loan agreement and describes banks as typical credit providers and I also describe types of bank credits. The second chapter is the most comprehensive and it analyzes particular issues of credit agreement. This chapter deals with form and parties of credit agreement, entities that are authorized to provide credit, then I focus on interests and late payment interests, currency and purpose of the credit, and legal regulation of drawdown and repayment of the credit. I also analyze issues of terms and conditions, standard form agreements and basic issues of security, although these issues are applicable in general, but often affects credit agreements. In the analysis of the legislation I use the literature mainly related to the credit agreement after the recodification civil law and applicable case law. Due to the recent...
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Application of a securing promissory note in judicial proceedings in the light of recent case law
Svobodová, Karolina ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
AABSTRACTBSTRACT The aim of this thesis is to provide a comprehensive view on the issue of promissory notes as a guarantee in legal relations. It is supposed to serve both the debtor in building up his defense and the creditor in the evaluation of the risks he may face during the application of his promissory note. Apart from reference books and legislation, the main source used is the analysis of the case law and its contribution to the topic. This thesis is divided into four chapters. General issues are the theme of the first chapter with the focus on the signature and necessary entries on the note. Then the core of the hedge bill is questioned, concerning especially the nature of the securing contract, which is the reason of the guarantee function of the note and consequences associated with the transfer of the note. The second chapter is focused on the bilateral rights and obligations connected with the note and its secured claim, the risk of abuse of negotiable instruments and also the admissibility of causal objections in the case of the endorsement. Following that, suggestions of the possible defense against the abuse are proposed. The third chapter is devoted to procedural issues and the specifics of the procedure in this matter. The payment order is then discussed as well as the nature of the...
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Intermediated Holding of Securities
Vondráček, Ondřej ; Černá, Stanislava (advisor) ; Elek, Štefan (referee) ; Pelikánová, Irena (referee)
Ph.D Thesis Mgr. Ondřej Vondráček LL.M Intermediated Holding of Securities September 2010 1 ABSTRACT This thesis deals with the phenomenon of the intermediated holding of securities which has recently changed the perception of the legal nature of securities as well as the rights connected with them. The intermediated holding of securities is a relatively new notion in the area of capital markets and securities law. In the same way globalisation has transformed the approach to the commerce of tangible goods it has also changed the market environment for the abstract creations represented by securities and rights connected with them. The impact of this metamorphosis has meant that securities are no longer traded as goods requiring physical transfer and delivery but are instead increasingly traded as intangibles circulating only through changes made to electronic records in securities accounts. When financial markets were dominated by certificated securities their holders had a direct relationship, both to the security and to its issuer. Due to the operation of a double legal fiction which, on the one hand, incorporated the rights flowing from the securities in the certificate serving as a corporeal means of transport for the record of these rights, and, on the other, granted to this certificate the status of...
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Intermediated Holding of Securities: dispositions, conflict-of-laws issues, public policy aspects
Vondráček, Ondřej ; Brodec, Jan (referee) ; Elek, Štefan (referee)
Doctoral thesis: Intermediated Holding of Securities: dispositions, conflict-of-laws issues, public policy aspects (Mgr. Ondřej Vondráček Ph.D., LL.M) ABSTRACT This thesis analyses the dynamic aspects of intermediated holdings of securities. It deals with issues concerning legal relations which stem from the circulation of intermediated securities. The first part maps voluntary and involuntary dispositions with intermediated securities. In the framework of voluntary dispositions it describes rules concerning transfers of intermediated securities - both stock market and over-the-counter (OTC) - as well as collateral arrangements comprising intermediated securities. The second part concentrates on the aspects of private international law of dispositions with intermediated securities, and in particular on difficulties with localisation of intermediated securities and accounts where they are recorded. The third part examines public policy aspects of intermediated holdings. It asks whether the theory of incorporation of the right in a certificate applying to directly held certificated equity securities - which allows their holder to hide their identity - contributes to negative social effects, like corruption, tax evasion, conflict of interest or money-laundering. The first two parts are based on an identical...
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Bank account
Matějka, Filip ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Cizojazyčné resumé The thesis is dedicated to the matter of a bank account. The bank account is considered to be a financial product that serves for depositing of temporarilly free financial funds and primarily for realizing cashless payment system. The aim of this thesis is to provide an analysis of current applicable and effective legislation considering the bank account in Civil Code, where newly contained the bank account legislation as a result of recodification of private law. In some sections of the thesis the analysis of the legislation is accomplished in the context of the antecedent legislation in former Commercial Code. The thesis is divided into seven chapters. The first chapter is dedicated to analyse the basis of the bank account from the point of view of legal doctrine. The second chapter provides fundamental legal charakteristic of bank account contract. This chapter describes the bank account contract as banking contract and focuses on the bank account contract from the point of view of consumer law. This chapter also provides analysis of parties of the bank account agreement. The end of the chapter discusses the general charakterization of banking terms and conditions. Third chapter provides analysis of general legislation of the bank account from the perspective of Civil Code. These legal...
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Acquisition of own shares and financial assistance
Dorko, Milan ; Čech, Petr (advisor) ; Elek, Štefan (referee)
Resumé Acquisition of own shares and financial assistance. The purpose of the thesis is to analyze the main theoretical aspects of the acquisition of own shares in joint stock companies and the provision of financial assistance by limited liability companies and joint stock companies in the Czech Republic. The thesis is divided into two main parts. The aim of such outline is to comprehensively describe two main legal mechanisms which are relevant to the scope of my thesis: (a) the acquisition of own shares in joint stock companies, and (b) the provision of financial assistance. Individual chapters examine in detail relevant legal aspects of both main parts. Chapter one of the first part focuses on inconsistency between Czech and other language versions of the Directive 2006/68/EC. Chapter two deals with an amended version of the Czech Commercial Code in eight sub-chapters where the relevant legal provisions are addressed; it draws an attention to provisions where transposition was not done accurately and appropriately. Chapter three analyzes legal conditions related to the acquisition of own shares in joint stock companies under the amended legislation. Chapter four, five and six of the first part investigate corporate matters related to the acquisition of own shares in joint stock companies. As it is...
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Loan Agreement, focusing on Position of a Bank as Creditor
Bartušková, Klára ; Horáček, Tomáš (advisor) ; Elek, Štefan (referee)
This viva focuses on the issue of loan agreements, from the viewpoint of the bank as the loan creditor. The introductory chapters are devoted to specifying the loan concept and its role in economics, and also the legal definition of a loan agreement and its historic development. The following chapters define the terms for valid origin of a loan agreement and define its contracting parties. Emphasis is placed on specification of the position of the bank as the creditor. The next part of this paper acquaints the reader with individual issues of existing loan agreements. This particularly concerns the topic of drawing and repaying the loan, currencies, the value and interest on the loan and the topic of security, general business terms and conditions and finally also the issue of immediate maturity of a loan. This is followed by chapters devoted to execution of rights arising from the loan, with the understanding that emphasis is placed on the methods representing a more effective alternative to the standard finding procedure. Direct sale, notarial records with an immediate enforcement clause and the institute of assignment of receivables are also discussed. A chapter devoted to the arbitrality of disputes arising from loan agreements is also included. The amendment on arbitration proceedings, which...
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Collective investment scheme from the position of corporate governance
Borsík, Daniel ; Černá, Stanislava (advisor) ; Dědič, Jan (referee) ; Elek, Štefan (referee)
Collective investment scheme from the position of corporate governance Abstract The purpose of the dissertation thesis is to research the possibilities of application of corporate governance mechanisms in the area of collective investment scheme. In particular, the author surveys what corporate governance mechanisms are available for shareholders of ordinary corporations, what mechanisms are available for fund investors, what are the common overlaps of these mechanisms, and vice versa, where differences can be seen. These topics are analysed above all from the point of view of American law and European law. The thesis understands corporate governance mechanisms as the devices, institutions, and mechanisms by which shareholders assure themselves of not losing their investments. In principle, shareholders have three types of corporate governance mechanisms at their disposal, namely, regulatory, self-regulatory and market mechanisms. Regulatory mechanisms are instruments developed by legislator. Information duties, shareholder voting, board monitoring of management, fiduciary duties, remuneration schemes and debt instruments are analyzed in the area of regulatory mechanisms. Self-regulatory mechanisms are mechanisms created and enforced by market players. Corporate governance codes are particularly the most...
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Liability for defective prospectus
Mach, Tomáš ; Čech, Petr (advisor) ; Elek, Štefan (referee)
1 Liability for defective prospectus Abstract The aim of my thesis is to provide a paper that discusses the overall consequences of an issuer who, in connection with public offer of securities or their admission to the trading on regulated market, provide and make public a defective prospectus that contains untrue, incomplete and misleading information. The thesis does not deal with all aspects of the laws of prospectus. Instead, it focus on particular issues in relation to the prospectus. Mainly, it deals with civil liability arising out of the defective prospectus. As a consequence, the other sanctions, eg. administrative or criminal, are not included in the thesis. In my thesis, I consider prospectus as an informative document that ought to provide certain information in order to protect investors. These information must not be untrue, incomplete or misleading so that the high standard of protection to investors is preserved. High standard of investors protection include, inter alia, higher liability attached to a prospectus. Legal regulations governing civil liability attached to a prospectus are not harmonized on the EU level. Instead, broad discretion is given to Member States in order to provide their own legal regulation regarding civil liability for a defective prospectus. That opens free field for...
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