|
|
Legal Status of the Financial Arbiter in Comparison with Selected Regulatory and Control Institutions in the Czech Republic and EU
Procházka, Martin ; Marková, Hana (advisor) ; Kohajda, Michael (referee)
Legal Status of the Financial Arbiter in Comparison with Selected Regulatory and Control Institutions in the Czech Republic and EU The topic of my thesis is legal status of the Financial arbiter in the Czech Republic. It represent a specific institution for out-of-court settlement of financial disputes between providers of some financial services and their clients. The Financial arbiter does not substitute the role of courts; instead it operates alongside the judicial system and offers to the clients of financial institutions swift and free of charge alternative to the legal proceedings, which emphasizes reconciliation. In the opening chapter of this thesis I looked into the theoretical concept of this institution and characterized it as an administrative authority sui generis. In order to obtain better understanding of the institutional status of the Financial arbiter, I further compared the Financial arbiter with similar institutions in the Czech Republic and the EU. I consider the separation from the Czech National Bank and the creation of the Financial arbiter bureau, which is a government department, as a major change in the legal status of the Financial arbiter. The arbitration proceeding represents an alternative to the legal proceedings. It can be initiated only by a client`s complaint, for...
|
|
|
Methods of double taxation avoidance and using thereof in the Czech tax law
Turek, Petr ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
83 RESUMÉ Methods of double taxation avoidance and using thereof in the Czech tax law The Master Thesis deals with the methods of international double taxation avoidance as they are set out by the OECD (Organisation for Economic Co-operation and Development) and UN (United Nations) Model Conventions, as well as by the international bilateral treaties concluded by the Czech Republic based on these model conventions. The definition of the basic terms used by the Czech tax law is first set out by the Thesis. Then later the Thesis focuses on the two fundamental model conventions being the OECD model and the UN model, on the "model" treaty concluded by the United States of America, and on the double taxation avoidance international treaties in general - their role, reasons and possible use. The European law regarding the international double taxation shall also be mentioned, i.e. directives of the European Union, decisions of the Court of Justice of the European Union, or eventually the other initiatives brought up at the European Union bases. The fundamental part of the Thesis regards the methods of the double taxation avoidance: the exemption method and the credit method, including their types. Each of the mentioned methods (full exemption, exemption with progression, full credit and ordinary credit) is...
|
|
|
Legal issues of payment services regulations
Heringová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
This work focuses on examination of legal issues of payment services including the regulation and supervision of this area, i.e. inspections and enforcement of regulation set by the state and authorized public institutions. The whole thesis is divided into five chapters, which are then partitioned into individual chapters. The first chapter is called general introduction to the topic and deals with the basic definition of payment service, its development, forms, payment instruments and participants. The second chapter focuses on the importance of regulations relating to the payment services and related regulation of international payments, including the relevant international conventions in this field. The third chapter analyzes the legislation in payment service's area in the Czech Republic from the viewpoint od de lege lata and de lege ferenda. The fourth chapter deals with supervision over payment services, i.e. possible methods and models of financial law supervision and analysis of specific supervisory authorities in payment service's area. The fifth and final chapter describes the supervision over the banking sector.
|
|
|
Collecting fees for the removal and other disposal of communal waste
Řeháček, Martin ; Vondráčková, Pavlína (advisor) ; Kohajda, Michael (referee)
The aim of the thesis is to describe effective legislation that regulates collecting fees for removal and other disposal of municipal waste organised by municipalities. There are used also various socioeconomic approaches and the thesis seeks for the best solution how to collect the fees for the service. The study is mainly focused on Municipal Fees Act and its regulations because they cause most of problems in practice. Author's opinion is that such a regulation is completely wrong. According to the author of the thesis, there were found features of The Tragedy of the Commons theory in the regulations which means in practice that the whole system is going to either collapse or cost even more money to be kept. The next negative of the legislation is the possibility to circumvent paying the fees. Then, it was proved in the study that the main principle which is the legislation built on, does not work in practice. The principle is that costs paid for the removal and other disposal of municipal waste are supposed to be equivalent to a number of inhabitants living in a town. Because of an absolute personal principle, it was also described in the thesis that minors become debtors when they turn 18 because of their irresponsible parents who do not pay the fees for them. It was recognized in the thesis...
|
|
|
Activities of certified auditors
Berková, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Title: Activities of certified auditors Key words: auditor, liability, International Standards on Auditing ABSTRACT The diploma thesis focuses on the legal aspects of activities of certified auditors, particularly in the context of auditors' liability. First, it briefly summarizes the history of auditing throughout the world and in the Czech Republic. It analyses the meaning and objectives of the statutory audit and explains the triangular relationship between the auditor, management of the entity and its owners. The description of a typical course of assurance engagement is accompanied by cautionary advice for intricate aspects of acceptance of an audit engagement and the preparation of engagement letter. Attention is paid to materiality levels used during the statutory audit and to the expression that the financial statements give a true and fair view of the financial position of the entity. Different types of auditor's report are distinguished and a variety of errors frequently made not only by users of financial statements from the common public but also by experts participating in management of audited entities is mentioned as well. The three chapters dealing with auditor's liability discuss the civil, disciplinary and criminal issues related to assurance activities. As regards auditors' civil...
|
|
|
Legal aspects of deposit banking transactions
Hulíková, Alena ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This thesis deals with chosen legal aspects of deposit banking transactions. The objective of this thesis is to introduce basic aspects of deposit banking transactions and to analyze chosen related topics. The thesis is focused on selected deposit banking transactions as it is not possible to deal with a full list of deposit banking products and to reflect all aspects within this kind of a task. The thesis consists of eight successive sections. The first section introduces the term of deposit banking transaction and its classification. In the second section the most important types of deposit banking transactions are described with emphasis on their distinctive features, by which it is possible to distinguish them. The third and forth sections deal with influence of the European Union legislation on the area of deposit banking transactions. Especially consumer protection legislation is taken into consideration. The fifth section discusses the institut of financial arbiter and the specifics of the proceedings. In the sixth section deposit guarantee legislation is discussed. The seventh section deals with the banking secrecy and possibilities of its breaking. In the last section anti-money laundering legislation is analysed. Attention is mainly paid to identification of a client, due diligence and...
|
|
|
The position and activities of the European Central Bank
Matoušková, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this diploma thesis is to evaluate what influence has the ECB decision-making on the Eurozone economy and above all to consider the ECB's involvement in solving of the recent financial and persisting European debt crisis. First two chapters represent rather a theoretical part of the thesis, in which the author is dealing generally with the importance and the role of the ECB in the course of the European integration, including its origin, its management structure and internal decision-making process. The second chapter focuses in detail on the ECB's tasks and competencies with emphasise mainly on the monetary policy and on the clarification how a so called transmission mechanism enables the measures adopted within the monetary policy to transform into the real economy. There is also more elaborated the primary task of ECB which is to maintain the price stability. The second part of this thesis is more analytical and reflects current trends and development in the EU banking sector with an accent on the ECB's attitudes. The recent financial crisis is discussed in the third chapter together with the new regulatory rules. Financial crisis tend to have some joint characteristics like e.g. the source of their origin that often lies in an excessive and rapid loan expansion, in leverage increase,...
|
|
|
Motor Third Party Liability in the European Context
Jašíčková, Darina ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
MTPL insurance represents a complex issue regulating in particular protection of the third party in a claim settlement. This area is regulated on the EU law level by Council Regulations and Motor Insurance Directives as well by the green cards system and Hague Convention on the Law applicable to traffic accidents on the international level. To provide MTPL insurance in the European Union is possible under the single European passport but there are still persisting the differences in the extent of insurance cover and liability in the particular Member States including the national regulation requirements. The primary condition for MTPL insurance providing in the EU/EEA is the obligatory membership of the insurer in the national Insurers' Bureau and the Guarantee Fund. The Court of Justice of the European Union relevant decisions has contributed to the interpretation of Motor Insurance Directives provisions and to determination of their correlation to national legislations. From the future perspective is of the importance the legislation process of the PEICL draft. The Czech legislation is fully in compliance with the EU law. Legal practice and court decision shall face to the principal changes in connection with the new Civil Code application since 1, January 2014. Especially in the area of injury...
|
|
|
Legal aspects of currency and money circulation
Hájek, Roman ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
"Legal aspects of currency and money circulation" represent a very original and specific area of monetary law. They are closely related to the economic and social issues, as the money as a phenomenon affects long-term visions as well as everyday life. The objective of my diploma thesis was a view on the current legislation of Czech currency and money circulation in the context of monetary theory and monetary law. Where required, there is a historical development of Czech legal currency and, in brief, issues related to the adoption of the common currency euro in the Czech Republic. This diploma thesis is divided into two parts each of them is subdivided into chapters and subchapters. The first part focused on selected legal aspects of the currency gives, at first, a brief overview of the relationship between the currency and the money. There are analyzed the parts of monetary sovereignty, including the relation between the monetary sovereignty and the monetary union. The comprehensive part is focused on the legal regulation of a legal currency, the historical development (including processes associated with the division of the common currency of the Czech Republic and the Slovak Republic) and the current status of the legal currency in the Czech Republic. With the similar structure, the second part...
|
|
|
Insurance of the responsibility for damage caused by vehicles
Šlauf, Petr ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
In my rigorosum thesis, I dealt with basic questions of insurance liability for damage caused by vehicles. Individual chapters of my work conform to the basic framework of insurance liability for damage caused by vehicles. In the end, I commented the important breakthrough in that topic which is the effectiveness of the Civil Code on 1 January 2014 which will bring significant changes. In this context gets more space case law, documents and unconditional solutions of individuals steps or issues in the context of insurance of liability for damage caused by vehicles.
|
guest ::
