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On Supervision of Financial Markets by Czech National Bank
Skácelík, David ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Švarc, Zbyněk (referee)
1 Abstract This work deals with the performance of supervision over the financial market and the entities operating in the financial market. Part of the work is devoted to consumer protection in the financial market and compensation systems. Because of the fact that the Czech Republic became a member of the European Union in 2004, this work includes also legislation of regulation and supervision of this level, as this treatment significantly predetermines Czech adjustment. Following questions were examined as an example of protecting the interests of clients of supervised entities: - whether there are any tools to protect the client's interests at the level of supervised entities, - what kind of role the supervisory authority has or may have in relation between a supervised entity and its client, - how are the client's financial interests protected in the event of failure of the supervised entity and whether this protection is de lege lata sufficient. The theoretical part of the work briefly describes the institute of supervision, its assorting and forms. The authority of supervisor is discussed in the next part together with the regulations under which the supervision is conducted. Owing to the fact that the scope of supervisory activity of the Czech National Bank is quite extensive, and the objective of...
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On Supervision of Financial Markets by Czech National Bank : (focused on Consumer Protection in the Financial Markets)
Skácelík, David ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Švarc, Zbyněk (referee)
1 On Supervision of Financial Markets by Czech National Bank (focused on Consumer Protection in the Financial Markets) This work deals with the consumer protection in the financial markets in the Czech Republic. The opening part of this thesis briefly describes the situation in Czech(oslovak) legislation before 1989. The governing system was not at that time conducive to significant economic activity and the scope of financial markets was limited. As a consequence, legislated protection of market participants had not to be extensive. Need for consumer protection increased after the then-prevailing economic model had been changed into the current market-oriented model. The expansion of economic activities, including the development in the financial markets, necessitated simultaneous passing of updated law more suited for the new social circumstances. Owing to the preparation of the Czech Republic's entry into the European Economic Community at that time, it was necessary to harmonize the new Czech law with the laws of the Community. Besides the change of the "Code civil" as a basic regulation of private law, new specific regulations have been passed - for example the Consumer Protection Act or the Consumer Credit Act. In connection with the formation of capital markets, it become necessary to issue entirely...
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Mediation as a Mean of International Commercial Dispute Resolution
Vanišová, Veronika ; Pauknerová, Monika (advisor) ; Švarc, Zbyněk (referee) ; Feigerlová, Monika (referee)
1 Mediation as a Mean of International Commercial Dispute Resolution Abstract The subject of this dissertation is the topic of mediation in solving international commercial disputes. At the outset, the author focuses on the general theory of dispute and argues that the main psychological features of thinking about conflicts are inherent in virtually all types of social relations, regardless of their specific nature. It is therefore useful to recall the knowledge about the psychology of conflict in the context of research on the resolution of international commercial disputes, as this initial line of reasoning is also present. In the first part of the dissertation, the author defines the position of mediation within the spectrum of the dispute resolution and identifies its relationship with other ADR methods. She is particularly concerned with the recent change in the ADR area, particularly as regards the shift of arbitration towards judicial proceedings and convergence of mediation with arbitration in certain respects. Furthermore, the author considers the importance of mediation for international commerce, noting in particular the aspect of the institutionalisation of mediation and touches on the phenomenon of regional change in international trade. The author points out that the cross-border commercial...
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Legal and Financial Aspects of the State Aids
Petr, Zbyněk ; Marková, Hana (advisor) ; Boháč, Radim (referee) ; Švarc, Zbyněk (referee)
LEGAL AND FINANCIAL ASPECTS OF THE PROVISION OF STATE AIDS Abstract The subject of the work is to explain the general structure of legal norms applicable to materia state aids, starting with public international law, European law and the subsequent transition to domestic legislation and its comparison with neighbouring jurisdictions of the Slovak Republic and Poland. The first part of the doctoral thesis is to learn about the issues, related to the topic of work, with patterns of thought and reflection as well as the tasks that were set at the beginning of the work and arise from the chosen procedure. This should contribute to a better understanding of the work. The following section defines the concept of state aid as well as basic resources and postulates, related to the principal concept of work. First of all, I focused on international agreements, which first used this concept, and their consequent reflection in the development and shaping of European law, including the area of European Community law and the law of the European Union, which now represents some of the unified systems. Furthermore, there is a comprehensible resumed depth analysis of the mechanisms of decision making processes of the European institutions, whose task is the practical application of standards governing state aid and its...
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Legal aspects of the trade in conflict diamonds
Špás, Martin ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
The objective of this diploma thesis is to explain trade in conflict diamonds and to assess international fight against this illegal trade. The primary objective is to evaluate the effectiveness of the current legislation (international and national level), for example by comparative analysis of the different legislation in selected countries. The aim of this thesis is also to identify the significant historical changes to the regulatory framework and to assess the Kimberley Process and the mechanisms in diamond trade. The aim is also to identify the role of nongovernmental organizations in the Kimberley Process (development of the Kimberley Process Certification Scheme) or in the resolution of conflicts. This thesis consists of six chapters. The second chapter is dedicated to the general characteristics of diamonds and aspects of international diamond trade. The third chapter has an aim to describe conflict diamonds and conflicts financed by illegal diamond trade. The fourth and fifth chapter deals exclusively with fight against the trade in conflict diamonds. Conflict diamonds, or so called blood diamonds, are still a very serious global problem and each state should develop and implement the right legal measures in this area in order to substantially reduce this illegal trade.
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Consumer credit and consumer protection
Petr, Tomáš ; Švarc, Zbyněk (advisor) ; Marková, Hana (referee)
The theme of this diploma thesis is Consumer credit and consumer protection. The aim of this thesis is to analyze the new Consumer Credit Act that brings substantial changes to the provision of consumer and mortgage credit. Author compares new act with the previous legislation and describes the development in past years. The diploma thesis compares selected bank and non-bank providers of consumer credit and evaluates the parameters of mortgage credit of these institutions. In the conclusion the results are summarised, and there is stated the recommendation for the consumer. The last part outlines the recommendations concerning chances to decrease the household indebtedness and increase the consumer protection on the consumer credit market.
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Transport conditions of airline companies and responsibility of freight companies in case of breaching these conditions in accordance with EU law restrictions
Hervertová, Klára ; Grmelová, Nicole (advisor) ; Švarc, Zbyněk (referee)
This diploma thesis on Transport conditions of airline companies and responsibility of freight companies in case of breaching these conditions in accordance with EU law restrictions deals with the issue of air law. The aim of the thesis was to provide a comprehensive overview of consumer protection in the legal regulation of air transport, taking into account the relevant case law of the Court of Justice of the European Union. The thesis is divided into three chapters. The first chapter provides general information on air traffic, its history, sources and principles of air law. The second chapter deals with passengers as air transport subjects in terms of their rights and obligations. With regard to the objectives of this work, the relevant national, European and international legislation is mentioned here. The final chapter is dedicated to the relevant case law of the Court of Justice of the European Union, in particular to the four selected cases dealt with by the Court of Justice in the preliminary ruling procedure.
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Outsourcing
Pančochová, Karolína ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
This bachelor thesis presents an unified view on the topic of outsourcing, focusing on outsourcing of a cleaning agency in specific company. This thesis also explains individual terms associated with outsourcing, reasons for choosing it along with related risks.The bachelor thesis is mainly focused on process of tendering a service provider as well as outsourcing contracts difficulties. The practical part of this bachelor thesis analyses the procedure for particular tender and analyses it in detail factual provisions contained in the contract. The author proposes measures how to improve the procedure of the tender and contract itself.
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