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Current Account Contract
Kladenská, Barbora ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Current Account Contract The thesis focuses on the matter of a current account. The aim of the thesis is an excursion to the previous legislation, but primarily an analysis of the current applicable and effective legislation of the Czech Republic. The main goal is a comparison of the regulation of a curent account in the Commercial Code with the regulation in the "Payment System Act", since this act brought significant changes to the adjustment of payment systems. The thesis is divided into ten chapters. The first two chapters provide a general introduction of a current account and describes the importance of a current account in an everyday life. Chapter Three presents general legal characteristic of the Current Account Agreement according to the applicable and effective legislation at the moment of thesis handover and also contains the evolution of the related legislation. Chapter Four is dedicated to the subjects of the Current Account Agreement. This chapter offers a comprehensive view on the subject from the perspective of the Commercial Code and the Payment System Act as well. Chapter Five discusses the requirements of a current account. First subchapter contains obligatory requirements, second subchapter consists of facultative requirements, mainly according to the Commercial Code. Chapter...
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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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Loan agreement
Krofta, Jan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Loan Contract This thesis investigates the provision of loans based on the Loan Contract under Sections 497-507 of the Commercial Code. The aim is to analyse the relevant legal regulation of the Loan Contract in detail, and to emphasize its interpretations issues, which are followed by the proposal of appropriate solutions. Furthermore, some other legal institutes closely related to the Loan Contract are also described (e.g. the Loan Contract under the Civil Code, loan business terms, security etc.). In the first chapter, the general concept of the loan is described, its essential importance in the free market economy, and its definition in the legal sense. The second chapter provides the history of the origin and evolution of the loan, from its formation under the Roman law to the changes in the contemporary legal regulation. The following third chapter aims to compare the Loan Contract under the Commercial Code with the Loan Contract under the Civil Code. The subject of the fourth chapter is the analysis of the fundamental principles which serve as guidelines for the Loan Contract structure. In the fifth chapter, the relevant legal regulations are addressed, the purpose and meaning of the loan business terms, and the legal character of the Loan Contract as an absolute commercial obligation. The...
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Consumer loans - elements, selected clauses in consumer loan contracts, the protection of a consumer
Petrusková, Lenka ; Liška, Petr (advisor) ; Elek, Štefan (referee)
of the Thesis: "Consumer loans - elements, selected clauses in consumer loan contracts, the protection of a consumer" The aim of this thesis is to describe in which ways laws regulating consumer credit effect praxis and contract provisions and how the praxis uses the limits given by the law. Author focuses on customer protection, law provisions, which should protect him and equalize his weaker position and state institutions, which control following this law provisions and administrative procedure in case of infringement of this law provisions. The thesis consists of four chapters. In the first chapter the author concentrates on economic factors of consumer credits and basic definitions of consumer credits. Second chapter is on the subject of law regulation. It is about general law regulation in civil code and new civil code and about specific law regulation in the statute of consumer credit. The law regulation in the statute of consumer credit is divided into 13 part- development of specific statutes on the subject of consumer credit, chronological succession, force, amendment, and discretion about consumer's ability to repay the loan, withdraw, notice, credit for buying goods, prepaying, agents, control and administrative offence, change of trade statute. Law provisions are commented and bound to...
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Bank guaranty
Siberová, Pavlína ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
- Bank guaranty The thesis deals with the topic of bank guarantee and its legal regulation in the Czech legal system. The purpose of this thesis is to provide comprehensive characteristics of bank guarantee, both from theoretical and practical point of view. The thesis can be divided into tweleve chapters. The first chapter is the introduction a and the last chapters contains conclusion. Second chapter is focused on nature and function of securing instruments and their legal regulation in respective legislation. Third chapter compares bank guarantee with ordinary guarantee. Then includes historical development of bank guarantee and regulation of the instrument in the Commercial Code, in legislation of public law and in Uniform rules issued by International Chamber of Commerce. Fourth chapter is the focal point of the thesis. It explains relations between subjects participating in bank guarantee. These subjects are principal, benefictiary and bank. The fourth chapter also analyzes objections of bank, assignment of the rights from bank guarantee and guarantee charge. Lastly, it contains description of secured obligation and abuse of right to demand performance with its possible consequences in criminal law. Fifth chapter focuses on letter of guarantee and its content. Then it thoroughly analyzes...
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Banking contracts
Sochorová, Silvie ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The aim of this thesis "Banking contracts" was to provide the characteristics of banking contracts including other connected topics. The author chose the topic of contractual relations on purpose because of approching large changes connected with coming into force of the law no. 89/2012 JO., civil code, and she is touching the modifications through all thesis, not only in chapters indicated as new civil code. The thesis is divided into three parts. First part is focusing on determination of the term commercial contractual relations, which are including banking contracts. There are summed up legal sources and provided the definition of banking contracts and banking bussiness. As follows the questions are included which are common to banking contracts as parties, commercial conditions of banks, issues of consumer law and connected adhesive and formular contracts. The consumer law is strongly influencing the legislation of banking contracts as the legislator intend to protect the consumer before stronger professional merchant and his practices. With that are connected the commercial conditions of banks which are part of a contract while linked and so it must be dealing with them. Second part of the thesis is focused on main types of contracts incorporated in commercial code. These are letter of credit...
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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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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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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 letter of credit contract and a collection contract
Wagnerová, Markéta ; Liška, Petr (advisor) ; Elek, Štefan (referee)
A letter of credit contract and a collection contract This final thesis is focused on two important payment instruments - the letter of credit and the collection. The aim of this thesis is to analyze the letter of credit and the collection. Its main target is to describe both payment instruments and to introduce their use in real life situations and to point out advantages and disadvantages of both instruments. Both domestic and international legal arrangements as well as expert literature and articles were used to write the thesis. As a main source was used Commercial Code and unification of trade customs by the International Chamber of Commerce. The thesis is divided in 5 chapters which furthermore divide themselves into several more subchapters. Because of the fact that contract on the letter of credit and the contract on collection are fundamental for the creation of commercial law obligation the first chapter discusses the general characteristics of commercial obligations from the point of view of the Civil Code and from the point of view of the Commercial Code. Furthermore the letter of credit and the collection are one of the many of bank contracts and these are explained in detail in the second chapter. The bank itself is a party to such contracts and that is why a lot of attention is paid in the...
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