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Assessment of Property Valuation Risks for Banking Institutions
Skalický, Martin ; Puchýř, Bohumil (referee) ; Vítková, Eva (advisor)
The thesis deals with risks related to the valuation of real property for banking institutions. In the theoretical inputs are defined areas related to bank loans, especially mortgages, real estate valuation and value analysis. There is a considerable part focused on defining the risks associated with the of real property valuation for banking institutions. There is in the practical part already made a case study, which is focused on the risk assessment that can affect the value of the pledge of real property for providing a mortgage. To meet this aim, first step is to put value on selected property for the purpose of a mortgage. The next step is based on a questionnaire survey to specify risks that affect the value of the pledge and to prioritize it. At the conclusion of thesis are compared defined risks with risks obtained from the case study.
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Iura in re aliena to a share in a business corporation (including share incorporated in a security)
Jirásek, Lukáš ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
The diploma thesis revolves around the theme of the conditions of creating a pledge over a share in a business corporation. The author aims to answer the question of which shares in business corporations can be subject to a pledge and under what conditions. Additionally, the work explores how members of individual business corporations can influence these conditions, and to what extent. To achieve this goal, the work is divided into five chapters. The first chapter examines the ability of a share in a corporation to become a pledge from the perspective of civil law. Attention is given to the requirements for the characteristics of pledge set forth in the Civil Code and their reflection in the requirements for creation of a pledge over a share in a corporation. The possibility of incorporating certain shares in a corporation into a security or registered security taken into account. Possible approaches to the applicability of the general regulation of pledge of a share to a security representing a share, are presented. The second chapter deals with the legal prerequisites for the ability of a share in individual business corporations to become a pledge. The material reason for such a setup is examined, especially in cases where legal regulations imply that a share in the respective business...
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Establishment of pledge in the context of loan financing
Šteco, Ondřej ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Establishment of pledge in the context of loan financing ABSTRACT The subject of this diploma thesis is the establishment of pledge in the context of loan financing, i.e. the most common way of securing debts of borrowers being business companies arising under the facility agreement in the Czech banking market. In addition to the author's aim to provide a comprehensive analysis of the issues in connection with the establishment of pledge in the context of loan financing, the author aims to further provide analysis of relating issues, being, inter alia, the role of the pledgee as the security agent, the establishment of disposal limitations with the collateral, the purpose of pledge as a condition precedent to the utilisation of a loan, and the comparison with certain other chosen security instruments used in loan financing. Moreover, the author aims to identify and define problematic issues relating to the establishment of pledge that are relevant for loan financing and to provide possible solutions thereto. The thesis is not limited to a mere description of the selected subject but it also presents the author's own view on the troublesome issues and propositions relating to possible future amendments of law. The author achieves the aforestated purpose of the thesis by analysing applicable Czech...
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Pledge and its Enforcement
Cahlíková, Petra ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
PLEDGE AND ITS ENFORCEMENT The purpose of my thesis written on the topic 'Pledge and its Enforcement' is to analyze the issue of contractual pledge itself, with a focus on the enforcement of the pledge, both in and outside of insolvency, as this is the stage where the pledge fulfills its reimbursing function, i.e. a stage absolutely critical for the pledge. I pay a deeper attention also to a receivable as the most common subject of a pledge. The pledge underwent major changes with the arrival of a new Civil Code, Act no. 89/2012 Coll., with the effect from 1 January 2014. In my thesis, I therefore focuse on both changes and entirely new legal institutes that the new Civil Code brought compared to the previous legislation, and which enriched the area of the pledge. I have divided my thesis into seven chapters. The introductory chapter deals with general issues that needed to be introduced for an understanding of the main topic of this thesis, i.e. mainly explanation of the basic concepts and principles. The chosen topic is quite a wide area, therefore I have tried to approach it in next chapters so that all the important information for pledge was mentioned, together with all news and possible problematic areas associated with the arrival of the new Civil Code, and at the same time the thesis remained...
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Bill of exchange as a securing instrument
Rychlý, Matěj ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
A bill of exchange was historically used for payment purposes. However, over time it was figured out that it can designate as a securing instrument. Such a usage of a bill of exchange brings as well a series of theoretical and practical confusions. Therefore, one of the main aims of this thesis is to analyze a securing bill of exchange and examine and describe the different attributes and specifics that bind to it. Another main aim of this thesis is securing bill of exchange to be compared with another hedging instruments which are provided by civil law, such as the pledge and the suretyship. Because of this comparison it is easier to show if the bill of exchange is an appropriate securing instrument, and what are its strengths and weaknesses. As a working method is using analysis and comparison. The thesis is divided into nine chapters. The first chapter sets out the aims and the direction which the thesis will take and further outline of the content of each chapter. The second chapter deals with the general definition of a bill of exchange, lists the types of a bill of exchange that exist. It also defines the functions of a bill of exchange, where these functions are meant a tender, payment tool or securing instrument. The third chapter describes the essence of a securing bill of exchange, which...
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Interest in Real Estate
Nachtigall, Marek ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Abstract Interest in Real Estate The aim of this thesis is to provide a thorough analysis od key aspets of the institute of Security Interest in Real Estate, as well as current legislation of this issue. Thanks to the focus on a specific subject of the pledge, i.e. the real estate, given its relatively more permanent nature compared to most other things, as well as the generally longer duration of legal relationships arising from legal proceedings in the application of the institute of Security Interest in Real Estate, the topic which cannot be overlooked consist of intertemporal norms governing the relationship of the effective legal regulation by the current Civil Code and legal regulation contained in the derogated Act No. 40/1964 Coll. of the Civil Code as amended until 31 December 2013. The perspective of the elaboration of the mentioned topic in the level of de lege lata, thus defined, is supplemented by the text of the thesis with some ongoing considerations de lege ferenda within the conclusions resulting from the analysis. Although the essence of general topic of this thesis is a theoretical dissertation, the intention of the text does not resign to possible practical benefits, while the author consistently pays attention to argumentation and verification of key hypotheses, as well as ongoing...
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Pledge of a thing of another person according to § 1343 CC
Mališová, Tereza ; Zvára, Michael (referee)
Pledge of a Thing of Another Person According to § 1343 CC Abstract This rigorosum thesis deals with the institute of Pledge of a Thing of Another Person According to § 1343 CC. Eventhough it is not an institute which is new in our legal system, there are still many questions connected to it. Due to the fact that in case that anybody wants to exhaustively grasp any institute, it is necessary to know the historical background of such intitute, the first chapter of this thesis focuses on the historical genesis of the pledge of a thing of another person. This is followed by a chapter in which a comparison of the provisions governing the acquisition of ownership and pledge from unauthorized person is made. Although property rights and pledge are both absolute property rights, the Czech legislator was not inspired by foreign legislation, such as Polish legislation, and did not refer to the analogous application of the provision of acquisition of ownership from an unauthorized person in case of a pledge. On the contrary, for the acquisition of both rights from unauthorized person, the legislator placed explicit legal regulation. However, this has created a situation in which we assess differently very similar circumstances just depending on whether an ownership or a pledge is acquired from an unathorized person....
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Lien as an Instrument for Securing Debt
PAVLŮ, Anna
The Institute of lien is often used by banks.It's the way to secure the repayment of the claim. The creditor can be, in case of defaults, satisfied by the monetization of the pledged thing. Empirical research was carried out by two types of questionnaire surveys. The first type was for consumers and the second one was for institutions providing loans. Both questionnaires were focused on mortgage loans and their specification e.g. the most requested amount or the most frequent repayment period. The results of the first questionnaire show that there is 13,6% unsuccessful mortgage loan in surveyed sample. Banks were asked about situation of a debtor's default, especially which steps the bank will take.57,1% of them said that there is 0-3% of mortgage loans which ends with an execution, rest of them answered 0-4%. Most of the respondents said that 0-3% of mortgage loans ends in auctions.
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Pledge over business enterprise and its part
Zabadal, Michal ; Eichlerová, Kateřina (advisor) ; Josková, Lucie (referee)
This thesis focuses on selected interpretation issues accompanying the particular stages of the existence of a pledge over a business enterprise. First, the thesis provides the basic definition of a business enterprise, with an emphasis on the characteristics relevant for the pledge purposes. In addition to the analysis of its legal definition, the thesis comes to defining the business enterprise as a special kind of a collective asset. The text further focuses on the moment the pledge over the business enterprise is created. It concludes that the pledge over the business enterprise itself, including each individual asset forming it, is created upon constitutive registration in the registry of pledges. The centrepiece of the analysis supporting this conclusion is represented by the concept of a business enterprise as a functional unit, which is dealt with as a such by the law, and not only in connection with the creation of a pledge. The next part of the thesis addresses the consequences of this mode of creation of a pledge for the protection of the good faith of third parties. It comes to the conclusion that, if a third party acquires a right in rem to a particular asset forming the pledged business enterprise, in good faith in the absence of its encumbrance, where the pledge over the business...
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Law of lien in historical retrospection (especially in real estate matters)
Dušek, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Law of lien in historical retrospection (especially in real estate matters) Abstract The diploma thesis deals with the historical development of the lien law. The introduction to the issue is devoted to the roman law concept of lien law, as a basic principle of its later formation in central Europe and also in the territory of Bohemia. The following text deals with the right of lien in central Europe from the earliest times to its modification influenced by the reception of roman law with the brief excursion to the reception of roman law. At this point, the reader can recognize a very similar, but somewhat independent, development of lien in central Europe and roman law at the beginning of its development and its stagnation in central Europe. It follows a more detailed analysis of the lien in the Czech lands until the beginning of the 19. th century when the modern civil code of the AGBG began to apply to the territory of most of the Habsburg monarchy (Cislaitania). Subsequently the author of the thesis focuses on the legal regulation of pledge law contained in the AGBG, and also by the draft civil code of 1937 to replace the AGBG. The legal regulation of lien was split into AGBG in several parts of the code, the 1937 proposal corrected this deficiency and made the whole regulation of lien easier to...
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