National Repository of Grey Literature 456 records found  previous11 - 20nextend  jump to record: Search took 0.02 seconds. 
Bitcoin - the legal framework and practical aspects of its use in payment transaction
Pardubický, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
in english The purpose of this theses is to analyse the Bitcoin electronic peer-to-peer payment system, from the view of the legal, regulatory and also purely practical issues surrounding its use as a modern means of payment processing. The reason for choosing this topic is that I find the subject to be very interesting and possibly promising for the future of payments. Also, as the use of Bitcoin payment system spreads across the global population, we can see many of legal questions arising: Is the use of Bitcoin network legal? How is it regulated under existing legal system? Can it be subsumed under any existing legal categories? What are the risks of its misuse for criminal activities? Should new legal rules be enacted to regulate its use, and if so, what should these rules be like? My goal in this paper is to find these relevant questions, elaborate on them and provide as many answers as will be possible. We have to bear in mind the fact, that the technology, underlying the Bitcoin payment systém is very new and many ways path-breaking. As usual, the legal theory lags behing technology here, so many questions still have to be settled before we can give any straight answers. The work is divided into seven chapters, each dealing with different legal or practical aspects connected to the Bitcoin...
Bitcoin - Legal Aspects and Regulation
Moravec, Jiří ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English The motivation for this thesis is to analyze Bitcoin as Bitcoin is still a new phenomenon and requires an economical, legal, and legislative evaluation. In this thesis we seek an answer to the question what is Bitcoin. This thesis is divided into three main blocks, within them we use analytical, descriptive, and comparative methods. In the first part, we aim mostly on the economic side of Bitcoin, comparing Bitcoin to money in general sense. In the second part, we argue whether Bitcoin shall be considered a thing in a legal sense under the Czech law. In the third part, we describe the current Bitcoin's regulatory situation and suggest a drafting of Bitcoin specific regulation. The conclusion of this thesis is that Bitcoin is a digital medium of exchange that cannot be considered money or currency. To the extent, Bitcoin might be interpreted in ways where it does not satisfy the legal definition of a thing in legal sense, but for regulatory purposes it shall be, at least for now, considered a thing in legal sense. We also suggest that Bitcoin shall be systematically regulated by imposing various duties on persons who's scope of business is relating to the Bitcoin.
The regulation of financial markets - contemporary legal aspects
Špaček, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of this thesis is the evaluation of certain legal aspects of financial markets regulation related especially to dealing activities. Important role plays the context of contemporary period struggling with the consequences of recent financial crisis with the emphasis put on EU (resp. national) regulation. The first part is in general devoted to the meaning of existent regulation itself. Related legislation and institutional layout are subsequently brought closer in context of national and esp. EU environment. Certain point of interest deserves even (american) the most comprehensive financial markets reform ever. The key part of this thesis devotes to public law aspects instantly influencing dealing and trading activities on financial markets and their contrast to reality. The first theme describes categorization of clients entering on financial markets and duties put on subjects involved (counterparties), who conclude ind. deals with them. Then follow rating agencies, who have been influencing daily routine on financial markets for years and whose evaluation activities imminently influence the row of processes present on financial markets - starting from calculation of capital adequacy requirements until settlement of credit derivatives trades. Capital adequacy is put in context with...
Capital requirements for the coverage of banking risks
Křemen, Jaroslav ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Capital Requirements for the Cover of Bank Risks The aim of this thesis is to explain the issues of calculation of Capital Requirements for the Cover of Bank Risks in the Czech Republic, to carry out the analysis of discretionary powers made by the Czech National Bank upon powers given to it by respective regulations, and to give an outline of the future development of regulation of Capital Adequacy. The introduction specifies reasons for establishing and basic principles of functioning of Capital Adequacy and correlation between Capital Requirements for the Cover of Bank Risks and the concept of Capital Adequacy. The second chapter deals with the historical development of the concept of Capital Adequacy both in the international environment on the level of the Bank for International Settlement and on the level of the European Law and in the Czech Republic. The second chapter further describes the system of bank risks with which the banks are confronted. The third chapter deals with the legal regulation of Capital Requirements for the Cover of Bank Risks in the Czech Republic itself. At the beginning the situation in the Czech banking sector is analysed in general. This chapter further gives ways of calculation of Capital Requirements for the Cover of Bank Risks in compliance with the Czech and the...
Payments of a fiscal nature in Islamic law
Vojtěch, Jakub ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Abstract, Thesis Title, Keywords in English Language The text aims to offer a depiction of the system of selected payments having tax features, which are contained in Islamic law, based on a wide range of specialized literature and especilally on the primary sources of Islamic law. The primary objective of this paper is a review of the Islamic payments of a fiscal nature from the point of view of the theoretical knowledge as stated in the Czech tax legal theory. The system of Islamic payments that have been examined includes: i) Zakat, ii) Jizya, iii) Kharaj, iv) Khums, v) Sadaqa, including its form of Waqf, and finally vi) 'Ushr. From the perspective of the Czech tax legal theory only Zakat, Jizya, Kharaj and 'Ushr meet (albeit often with certain caveats) the obligatory theoretical requirements for taxes. Thesis Title: Payments of a fiscal nature in Islamic law. Keywords: Islam; Law; Taxes.
Collective investment and its legal regulation
Schwarz, Jaroslav ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
5252 Abstract Collective investment and its legal regulation In the Czech Republic the collective investment has experienced a huge expansion in the last decade which was caused among others by renewing the trust in legal regulation which ensures the safety of investment to the investors. Because the topic is relatively difficult and undoubtedly interesting I chose it as a topic of my diploma thesis. This paper is divided into chapters and subchapters containing particular topics regarding the collective investment legislation but to maintain the overall logical structure of the issue. Before starting to write the diploma thesis I discussed the biggest problems of a practical application of the collective investment legal regulation with practising lawyers as this view from the academic preparation was missing. I found out from this short survey the most common problems connected with the collective investment legal regulation which I discussed in this diploma thesis. These include in particular the definition of public offering under the Collective Investment Act, the possibility to offer the services of closed-end foreign funds in the Czech Republic and the recently introduced legislation regarding standard and alternative funds. For this reason I researched the available literature including papers in...
Supervision of the financial system in the European Union
Žáček, Ondřej ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
1 Abstract This master thesis deals with the arrangement of the supervision of the financial system in the European Union. Its content and structure is strongly tied with two principal supervisory pillars - European System of Financial Supervision (ESFS) and Single Supervisory Mechanism (SSM). The first chapter starts with the historical background of the European financial supervision and proceeds to the recent global Great recession which motivated the reforms that led to the current state of the supervisory structure. The operation of the ESFS and SSM is thoroughly explained in chapters two and three respectively, moreover I cover their interaction with national supervisory authorities and special emphasis is put on the role of the Czech National Bank. Several controversial issues are also reflected in the course of the thesis, ie. rather regulatory than supervisory role of the European supervisory authorities which contradicts the initially declared intentions, their low operability or quite illusory legislative demand of extensive independence of national representatives when they stand for their respective home authorities in the European institutions. The emphasis on the Czech Republic is evident from the sub-chapter regarding the potential entry into the close cooperation with the Single Supervisory...
Legal regulation of the activities of banks
Košťál, Filip ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
in English - Diploma thesis - Filip Košťál The topic of this thesis is "Legal Regulation of Banking Activities". Firstly, the thesis describes reasons and theoretical basis for regulation of banks. Next, the thesis focuses on three levels of regulation of banking, i.e., regulation within the Basel Committee on Banking Supervision, which prepares recommendations, which, however, are mostly followed by regulatory activities at the European Union level. Last but not least, the thesis also focuses on Czech legislation, which is, together with directly applicable regulations of the European Union binding for banks carrying out activities in the Czech Republic. The main purpose of this thesis is to provide the reader with a consolidated insight into all three levels of banking regulation and point out potentially problematic points arising out of it. The thesis also illustrates some of the aspects of banking regulation on specific examples from the Czech banking sector. The abovementioned regulatory measures deal mostly with prudential rules for banks. The thesis, however, focuses also on some other selected areas of banking regulation, namely banking secrecy and its release with regard to credit registers, obligations of banks arising out of the act on selected measures against legitimisation of...
Constraints on Islamic Banking Within European and Czech Legal Framework
Mádl, Hynek ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Title Constraints on Islamic Banking Within European and Czech Legal Framework Author Hynek Mádl Keywords Islamic banking, credit, Sharī'ah board, Murabaha, Musharakah Summary Islamic banking is a sector of financial market which was formed in the 1970s and since then, it has spread outside Muslim countries too. The difference between Islamic banking and conventional banking is in the fact that all activities of Islamic banks shall be consistent with the principles of Islamic law. The submitted thesis aims to find and analyse obstacles of implementing Islamic banking, resulting from its singularities, in the European and Czech legal framework. In the introduction, the author shortly describes theoretical principles of Islamic banking and ways in which contemporary practices of Islamic banks have deviated from these principles. The next part of the thesis lays out individual characteristics of Islamic banking. Using the examples of specific finance models (especially Murabaha and Musharaka financing), these features are assessed from the viewpoint of their compliance with legal regulation of banks and their activities. The process in which a bank provides financing to its clients by acquiring and disposing assets, which such financing applies to, is considered to be the most disputable element of Islamic...
The Czech National Bank, its legal position and scope of activities
Filípková, Olga ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
The Czech National Bank, its legal position and scope of activities This diploma thesis evaluates the legal position and scope of activities of the Czech National Bank through the analysis of the current legislation, literature and other sources. Partial aspects affecting the legal position and activities of the Czech National Bank are described separately, but due to their mutual connections it is important to see them as a part of the whole context. The thesis also points at questionable issues and offers both expert's as well as author's attitudes. This diploma thesis is divided into five chapters. The first chapter characterizes central banking itself, defines the role of the central bank in the banking system, shows the differences in conception of central bank and outlines the methods of establishing of central banks. The second chapter briefly describes the evolution of central banking in our country, focusing on the importance of historical events, which contributed to the creation of the Czech National Bank, as we know it today. Historical excursion begins with a period of Austro-Hungarian Empire and continues to the present. The third chapter consists of logically organized overview of particular aspects of the legal position of the Czech National Bank, including relations with other...

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