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The specificity of agreements on financial collateral
Zempliner, Tomáš ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
In this thesis, the author aimed to describe the specifics of agreements on financial collateral in accordance with section 323a of the act no. 513/1991 Coll. the commercial code, as amended. The Author used a method consiting of describing the purpouses of traditional elements of those security instruments, which are broken and modified by the provisions enabling agreements on financial collateral in the first part of the thesis, and further applied the purposes to the provisions enabeling the agreements on financial collateral itself in the second part of this thesis. As to the additional method of approach, the author judged this security instrument from the point of values and principles, which are the most reflected in its provisions. Author implied that the specifics of an agreement on financial collateral consist in vast differences from the traditional security instruments. These differences lie in the area of formation of such security instrument, the area of rights and duties of the contracting parties during the existence of the financial collateral, as well as the possibilities of the satisfaction of the creditor from the collateral. Author's conclusions may be summarized by the following. Agreements on financial collateral are characteristic by high extent of application of the...
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Financial collateral
Podpěra, Dan ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
Title Financial Security ANNOTATION The diploma work presented deals with financial security, i.e. with one of the methods of securing an obligation, as set out under the provision of Section 323a et seq. of Act No. 513/1991 Coll., The Commercial Code, as amended. In the work as a whole, I deal in detail, on the one hand, with description of the above- mentioned legal institution, financial security, in the form ascribed to it presently by the valid and effective legal regulations in the Czech Republic. Thus, I deal with the concept of financial security in our system of law, origin of the legal institution and its inclusion in the system of law of the Czech Republic, while defining the fundamental notions being necessary to study this part of the commercial law of the Czech Republic. Further, I address explanatory and interpretation problems of financial security, both in the light of the European Union's legal regulations, which are, if simplifying, a template for our legal regulations concerning financial security, and from the point of view of our reputable law specialists, who dealt with financial security in specialised publications, in particular in their commentaries on the Commercial Code, and in articles published in professional periodicals. Also I devote a significant part of this work to the...
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The specificity of agreements on financial collateral
Zempliner, Tomáš ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
In this thesis, the author aimed to describe the specifics of agreements on financial collateral in accordance with section 323a of the act no. 513/1991 Coll. the commercial code, as amended. The Author used a method consiting of describing the purpouses of traditional elements of those security instruments, which are broken and modified by the provisions enabling agreements on financial collateral in the first part of the thesis, and further applied the purposes to the provisions enabeling the agreements on financial collateral itself in the second part of this thesis. As to the additional method of approach, the author judged this security instrument from the point of values and principles, which are the most reflected in its provisions. Author implied that the specifics of an agreement on financial collateral consist in vast differences from the traditional security instruments. These differences lie in the area of formation of such security instrument, the area of rights and duties of the contracting parties during the existence of the financial collateral, as well as the possibilities of the satisfaction of the creditor from the collateral. Author's conclusions may be summarized by the following. Agreements on financial collateral are characteristic by high extent of application of the...
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Financial collateral
Podpěra, Dan ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
Title Financial Security ANNOTATION The diploma work presented deals with financial security, i.e. with one of the methods of securing an obligation, as set out under the provision of Section 323a et seq. of Act No. 513/1991 Coll., The Commercial Code, as amended. In the work as a whole, I deal in detail, on the one hand, with description of the above- mentioned legal institution, financial security, in the form ascribed to it presently by the valid and effective legal regulations in the Czech Republic. Thus, I deal with the concept of financial security in our system of law, origin of the legal institution and its inclusion in the system of law of the Czech Republic, while defining the fundamental notions being necessary to study this part of the commercial law of the Czech Republic. Further, I address explanatory and interpretation problems of financial security, both in the light of the European Union's legal regulations, which are, if simplifying, a template for our legal regulations concerning financial security, and from the point of view of our reputable law specialists, who dealt with financial security in specialised publications, in particular in their commentaries on the Commercial Code, and in articles published in professional periodicals. Also I devote a significant part of this work to the...
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