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The concept and types of bill of exchange
Čeřovská, Jitka ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
- The concept and types of bill of exchange The topic of this thesis is "The concept and types of bill of exchange". The reason for choosing this topic has been my interest in bill of exchange law, which was awaken by my own experience with a bill of exchange on one hand and by the gripping seminars of subject called "Bills of Exchanges", which is taught at the Faculty of Social Sciences of the Charles University in Prague, on the other hand. The aim of the thesis is to characterize the bill of exchange and promissory note, to define their basic characteristics, to explain, what kind of them exist and to analyze their basic requirements. The thesis is composed of six chapters. The first chapter discusses the history of bill of exchange and promissory note. It is divided into three sections that deal with the origin and both national and international development of bill of exchange law. The second chapter is devoted to the current legislation of bill of exchange law. It introduces the sources of bill of exchange law and relations between them and the most specific characteristics of the bill of exchange law, which is rigor cambialis. The third chapter, which consists of three sections, defines the concept of bill of exchange and promissory note, provides a list of their features and the most...
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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...
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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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Banking contracts
Jindrová, Andrea ; Liška, Petr (advisor) ; Elek, Štefan (referee)
This diploma thesis deals with the topic of banking contracts. Banking contracts can be specified as contracts typically closed by the bank, along its business activity. The aim of this thesis is an analysis of an effective legal regulation of banking contracts. As from the point of common features of banking contracts, then also from the point of view of individual contract types. Although the diploma thesis is elaborated based on effective legal regulation of the Act No. 89/2012 Coll., the Civil code. The author tries, within the frame of each section, bring attention to the most important changes in comparison with the present legal regulation. The thesis is divided into two parts. The first one is dealing with common characteristic of banking contracts. The author defines the idea of bank contracts, summarizes relevant legal regulations and defines contracting parties. Intensified attention is given to a bank as to a typical subject, closing banking contracts on the side of the service provider on one side and to a consumer as a receiver of these services, based on his better protection on the other side. At the first section, the author also analyses contracts of adhesion. Because banking contracts very often obtain forms of the general and the blank contracts, the essay on these types of...
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Securities and book-entry securities - changes after recodification
Koláček, Petr ; Čech, Petr (advisor) ; Elek, Štefan (referee)
61 Abstract The purpose of this thesis is to analyse new legislation on securities and book- entry securities enacted during the recodification of private law. The main legislation moved from the Act no. 591/1992 Coll., On Securities, into the Act no. 89/2012 Coll., The Civil Code. This thesis is divided into five chapters. The first chapter deals with the general definition of the concept of securities and booked-entry securities. It describes the definition of security that has been adopted from the Swiss Code of Obligations and describes the new concept of book-entry securities, which are now a substitute to securities and a separate legal institute. The second chapter briefly describes the functions of the securities. The third chapter describes forms of securities that are crucial for determination of methods of transfer of the securities. It also discusses enactment of legal presumptions of the form of the security that are used to determine form of securities in the case the form of the security is not entirely clear. Finally, this chapter deals with the question, whether the forms of book-entry securities are no longer distinguished. The fourth chapter analyses the transfer of ownership of the securities according to their various forms and discusses the conditions under which the securities in each...
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Bank account
Koranda, Martin ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The diploma thesis examines the effective legislation governing the bank account (or "accout"), which undergone some changes due to the recodification of the Czech private law. In addition to the actual examination of the accout legislation, it aims to highlight the most important changes adopted in connection with entering of the new Czech Civil Code into force and draw attention to the legal provisions, in respect of which some differing opinions regarding their interpretation could be met. The methods of systematic analysis and comparation were used. The first chapter sets out the relevant legislation, a new systhematics of accounts used by the laws and also the transitional provisions. Furthermore, the definition of the term "bank account" and some related issues are contained. The following chapter deals with the general provisions on account, namely account agreement, disposition with the account, disposing of the funds in the account, account management, crediting of interest and finally the consequences of the death of the account holder and termination of contractual obligations from the account agreement. At the end of the chapter differences for the accout set up for more than one person are summarized. The next chapter deals with the Payment account and respective legislation contained...
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Bill of exchange as a securing instrument
Bartoníčková, Lenka ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
The aim of this diploma thesis is to determine the nature of the securing bill of exchange through the analysis of professional literature and relevant case law. The thesis is composed of eight chapters. The first chapter deals with the issue of securing instruments in general. It presents the main amendments which have been brought to the law of obligations by the recent recodification of the private law, especially to the securing instruments. This chapter mentions the characteristics and functions of the general securing instruments. This is followed by the presentation of the bill of exchange as a specific type of the securing instrument. The second chapter is completely devoted to the bill of exchange. It examines the functions of a bill of exchange in legal relations. This chapter also contains more detailed description of an agreement that provides the bill of exchange the disposition of the securing instrument. The following chapter not only defines the term bill of exchange but also concerns with the definition of security in view of the fact that this part of the law was amended by the recodification of the private law. This passage classifies the bill of exchange into the system of securities and emphasises especially the characteristics connected with its transfer. Chapter four...
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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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The concept of a bill of exchange and promissory note
Šodková, Karin ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
- The concept of a bill of exchange and promissory note The topic of the master thesis is "The concept of a bill of exchange and promissory note". This topic has been chosen for its attractiveness, topicality and difficulty. The author's work experience was the motivation for the selection of this topic. The objective of the diploma thesis is to give a characterization of the bill of exchange and promissory note, to explain what kinds of them exist and to analyse their essential elements. The diploma thesis is structured into eight chapters. The first chapter introduces the issue of bills of exchange and promissory notes and outlines the objectives of the thesis. The second chapter discusses briefly the history of the bill of exchange and promissory note and of the bill of exchange law at all. It is divided into three sections in which it is referred to the origin of the bills of exchange, to the historical importance of the bill of exchange law and especially to the international dimension, which the bill of exchange law acquire and which contributes to almost perfect current legislation in our country. The third chapter is devoted to the sources of exchange law in the Czech Republic and to the relations between them. The greatest attention is dedicated to the bill of exchange and check act number...
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Syndicated facility agreements
Vojtko, Martin ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The LMA primary documents serve as a reference base for individual syndicated facility agreements for being an effective tool for the excercise of a control over the borrower and of the facilities. In addition, in its recommended form the LMA primary documents are a market standard. This paper purports to introduce an anatomy of LMA recommended form of a syndicated leveraged facility in the Czech Republic and Slovakia in the context of the legal framework set out in the Czech and Slovak Commercial Code or in the new Czech Civil Code, respectively. The paper further deals with the impact of the global financial crisis and sovereign debt crisis on the LMA recommended leveraged facility agreement and (in short) introduces a broader context of the loan syndication.
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