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Bills of exchange in the recent practice with special regard to types and admissibility of causal objections and relating decision-making
Švarc, Jan ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
in English The thesis aims especially on questions concerning law of exchange which are not satisfactorily answered yet neither by academical community nor by judicial decisions made by the Czech courts and those which should be, from the point of my view, answered differently. In the first chapter, I tried to critically review various doctrinal definitions of bill of exchange and to draw up my own definition which affects bill of exchange complexly in its entireness. Second chapter is divided into three subdivisions chronologically. First subdivision refers to proofs of ancient documents congenial to contemporary bills of exchange. I have come to conclusion that the existence of bills of exchange can be proven as far as the beginning of the first millenium. Institute simmilar to the one of bill of exchange may be found in the Roman civil law. The second subdivision of second chapter assays medieval bills of exchange very thoroughly more than any other thesis on the same subject. All my ideas given are supported by quotations. The third subdivision briefly explains development of law of exchange in the modern period. The third chapter is dedicated to the general purpose of law of exchange and its modern usage with extra amount of attention paid to blank bills of exchange and collateral drafts....
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By-laws of a bank
Chudoba, Martin ; Liška, Petr (advisor) ; Elek, Štefan (referee)
of the Thesis "By-laws of a bank" My thesis is dedicated to the by-laws of a bank in the Czech Republic, which are often considered to be the most important document of not only a bank, but also a joint-stock company in general. The main goal of this work is to map and describe the present situation concerning the legal regulation of by-laws of a bank in the domestic law. The first chapter briefly outlines the historical development of the corresponding regulation. In a retrospective manner, we are introduced to acts relevant to the bank's by-laws before the contemporary legal framework, consisting of Act No. 513/1991 Coll. (the Commercial Code) and Act. No. 21/1992 Coll. (on Banks), was adopted. The secondary purpose of this chapter is to familiarize the reader with the statutory enactment of banking industry during the period of communism since 1948. In the second chapter, evolution of the term "bank" itself in the context of Act on Banks is explained. The difference between legal definition and factual meaning of a bank is emphasized. The third and the most comprehensive part describes the by-laws of a bank themselves in the view of both above mentioned acts. By-laws' significance, character, processes of adoption and amendments, validity, force and other aspects are discussed along with their...
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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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The bank as a business company
Straka, Ondřej ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Bank as a Commercial Company The main aim of the diploma work "Bank as a Commercial Company"is to show a bank from a view of the company law. Its objective is not to describe all bank institutes, but to show some differences between legal regulation of joint-stock companies and banks in Czech legal regulation and to describe these differences. This aim is fulfilled by comparing the Act No. 21/1992 Coll. as subsequently amended (hereinafter referred to as the "Bank Act") with regulation of joint-stock companies established by Act. No. 513/1991 Coll., Commercial Code as subsequently amended and with some other Acts related to companies. Banks are generally traders with money. Bank Act characterizes bank as a legal entity residing in the Czech Republic, established as joint-stock company that accepts deposits and provide loans and which have a licence for exercising abovementioned business. The special role and other special characteristics of bank business create the necessity of a special legal regulation. Main aims of such legal regulation are to protect deposits of depositors, to ensure stability of banks and whole the financial sector. To fulfil above mentioned aims the legal regulation constitutes many rules, duties and institutes. These rules, duties and institutes change and accrue to the common...
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A loan agreement with a special regard to German legislation
Horáková, Karolína ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Závěr Cílem této diplomové práce bylo zpracování platné právní úpravy smlouvy o úvěru v české právní úpravě s přihlédnutím k německé právní úpravě. Účelem této práce nebyla právní komparace obou právních úprav, což by vzhledem k obsáhlosti tématu nebylo ani možné, ale bylo jím pouhé přihlédnutí k základním otázkám, které se smlouvou o úvěru souvisí. Jádrem této práce je platná právní úprava smlouvy o úvěru v české právní úpravě, včetně úpravy obchodních podmínek bank, s ohledem nejen na současné zákonné znění, ale i na znění vládního návrhu nového občanského zákoníku. Současná česká i německá právní úprava smlouvy o úvěru je převážně dispozitivního charakteru a je tak založena na zásadě smluvní volnosti, kterou je soukromé právo ovládáno. Jsem si vědoma toho, že česká právní úprava smlouvy o úvěru vykazuje určité nedostatky, ale i přes ně poskytuje dostatečně funkční a flexibilní podklad pro uzavírání smluv o úvěru. To potvrzuje i vládní návrh nového občanského zákoníku, který platnou právní úpravu smlouvy o úvěru až na drobné změny přebírá a mění pouze označení smluvních stran. Za problematické v současné právní úpravě smlouvy o úvěru považuji chybějící zákonné ustanovení, které by určovalo dobu, do kdy je dlužník povinen platit úroky z poskytnutých peněžních prostředků. Je tak třeba vycházet z názoru...
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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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Banking contracts
Füleová, Adriana ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Resumé - Bank Contracts Bank Contracts are an integral part of our everyday lives. Citizen and bussines entities used bank contracts very often. Despite this fact we can't find legal definition in the Czech law. Banking contracts understand contracts that are signed by banks in their business activities and obligations under these contracts arise. While the banking contracts have been widely used, in Czech law there is not too much literature and judgements abou this issue. Lack of legislation, however, can often lead to real life problems in implementing the obligations under those contracts. The purpose of my thesis is to analyse current legislation of bank contracts contained in Commercial Code (Act No. 513/1991). The thesis is composed of three main parts. First part is introductory and defines basic terminology used in the thesis. First part is consisting of four chapters. In first chapter I am trying to explain, what bank contracts are. Banks often exploit their stronger position as a contracting party and enter into contract, which we call adhesion contract. In second chapter I am trying to explain what adhesion contract is. Then in third chapter I focus on general business conditions and in last chapter I focus on consumer protection legislation in connection with the implementation of the laws of...
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Loan agreement
Satke, David ; Elek, Štefan (referee) ; Liška, Petr (advisor)
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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Banking contracts
Durčáková, Klára ; Elek, Štefan (referee) ; Liška, Petr (advisor)
The purpose of this thesis is to analyze the area of bank contracts. Bank contracts are part of law of obligations. Their rules are based on statutory provisions in both Civil and Commercial Code. The reason for this research is to analyze basic elements of this area. Its cross-disciplinary nature causes that the regulation is closely connected with more than two mentioned codes. Even if the bank contracts are only a part of complex of obligations, it is still wide enough to enable detailed elaboration. The goal of this thesis is to focus on main questions of the topic. The work is divided into four main chapters, where it deals with the main issues of the aforementioned problematic. This publication also contains list of literature used during analyzing. The first chapter is introductory. The purpose is to introduce the problematic with defining conception of bank contracts, their place in czech law system, elements of all bank contracts, such as explanation of adhesion contracts, relating trading conditions and questions of consumer protection. Of course one of the main goals of this chapter is also to characterize the possible subjects entering into contractual obligations. The second chapter is the study of particular obligations emerging from bank contracts. The chapter is subdivided into two...
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Contractual penalty and late payment interest under the Civil Code
Pavlíčková, Jana ; Elek, Štefan (referee) ; Patěk, Daniel (advisor)
Summary: Contractual penalty and default interest under the Czech Commercial code The purpose of my thesis is to analyze contractual penalty and default interest pursuant to the Commercial Code of Czech Republic. The paper gives a detailed description of the current legislation as well as a draft of the present Commercial Code of Czech Republic on the concerned subject matter. Moreover, it outlines the foreign legislation and a historical evolution of contractual penalty and default interest. The thesis presents in a concise form the relevant Czech case law, in particular the decisions issued by the Supreme Court. The thesis is composed of eight main chapters, each of them dealing with different aspects of contractual penalty and default interest. Chapter One is introductory and defines basic terminology, which is used in the thesis. Furthermore, it analyzes the purpose of contractual penalty and default interest, legislation in force, the historical evolution of legislation and the foreign legislation involved. Chapter Two examines an agreement on contractual penalty and default interest, its alternation and a simultaneous agreement on contractual penalty and default interest. Chapter Three focuses on a duty to be secured. Chapter Four endeavours to survey in detail the subject matter of contractual...
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