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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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Banking contracts
Pola, Jan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The author of the diploma thesis submits a treatise on the scope of contracts defined by the legal theory which are termed as bank contracts, or alternatively bank trades. In order to formulate the concept and the subject matter of such contracts with the adequate precision, the text of the diploma thesis comprises also a specification of other, yet close terms, the knowledge of which the author considers to be crucial for understanding the particular subject. Thus the author enables the reader who is acquainted with the law but does not specialize in commercial or financial law to familiarize with the submitted subject but also expresses his opinion concerning general necessity of defining particular concepts precisely and completely if these concepts are used to express subsequent concepts. While writing the diploma thesis the author tried to explain the indicated problems in the text wherever it was possible, and refers to general arrangement only where there was no other possibility owing to the extent and range of the work. The text is divided into five chapters. The first chapter, which is preceded by a standard introduction, deals with the bank. It is subdivided into ten smaller sections. The first four sections describe four basic attributes of the bank, namely the required legal form, the...
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Bank guarantee
Jindrová, Lucie ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
This thesis deals mostly with regulation of bank guarantee in Czech law, as well as with regulation on international level. The main aim of this work is to provide a complete perspective on bank guarantee, definition of its typical elements and its subjects and relations between the subjects, and to make classification of different kinds of bank guarantees. The work is divided into 12 main chapters and a great number of subchapters. Chapter one deals with a risk that is closely connected with bank guarantee, as bank guarantee is mostly used to secure risks. Chapter two is dedicated to historical development of bank guarantee and to previous regulation in the Code of International Business. Chapter three is focused on legislation of bank guarantee both in the Commercial Code and in other laws that regulate its use in the Czech Republic. This chapter is also concerned with the international law - mostly rules issued by the International Chamber of Commerce in Paris. Chapter four is mostly focused on characteristics of essential elements of bank guarantee, its differences from guarantee and its practical use. Chapters five and six are completely dedicated to establishment of bank guarantee and actions before its establishment. Chapter seven analyses subjects of bank guarantee and relationships between...
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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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The Consumer Loan Contract and its Securing by Suretyship
Janebová, Lucie ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The Consumer Loan Contract and its Securing by Suretyship As is self-evident from the title of the thesis, the subject matter of the thesis is the analysis of the concept of consumer credit and the securing thereof through suretyship. The starting point of the thesis was the newly-adopted Consumer Credit Act, which came into force on 1 January 2012. The aim of this thesis is to acquaint its readers with the relevant legislation, point out its shortcomings, and analyse the concept of suretyship as the most typical instrument used to secure consumer credit obligations, thus giving the reader a full picture of these legal concepts. The thesis is divided into nine chapters. The first chapter describes a contractual relationship under the credit contract, which is governed by legal regulations similar to those governing a consumer credit contract or a loan contract. This chapter analyses the essential terms of a credit contract, its origination and termination. Also analysed are the differences between a credit contract and a loan contract under the Civil Code. The second chapter describes the history of the consumer credit concept, in both domestic and European contexts. Particular emphasis is given to the individual directives of the European Community, currently the European Union, since they are of...
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Loan agreement
Čížek, Ondřej ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The purpose of my thesis is to generally describe the legal aspects of the loan agreement which includes the describtion of credit and customer credit too. The thesis is composed of eight chapters and each of them dealing with different aspects of the credit or the Loan agreement. Chapters describes the term "credit" and the difference between his legal and economic sense for society. It's necessary mention different kinds of credits, his meaning, ways of categorizations and basic principles used in credit contracts. In loan agreement I begin with a short historical introduction, his origin and evolution. Most important part of my thesis examines relevant Czech legislation of the credit contract, his meaning in system of law, necessary and unnecessaty part of loan agreement, diferrent kind of legal security of provided money and the special possition of bank like a creditor. Credit contract is regulated in § 497 - § 507 in Czech Commercial code n. 513/1991. Under the loan agreement, the creditor obligates to provide to the debtor, at his request, certain amount of money, and the debtor obligates to repay the provided money and pay interest. Interest in this contract is a price that the crediton is fain to allow the money. Loan agreement is one of the absolute commercial law obligations which means that the...
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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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