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Bank account
Láníková, Kristýna ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Title of the Diploma Thesis Bank account Abstract The first part of the thesis deals with the account from the perspective of legal theory. It is examined the nature, characteristic elements and brief historical development. Following an analysis of the account as an object of property rights. In the chapter Legislation of the account under the Civil Code the thesis provides an analysis of provisions that affect the obligations of the account agreement. A part of this chapter is dedicated to a division of accounts under the existing scheme of the Civil Code. Regulation of other than a payment account and bankbook will be mentioned only in passing. Furthermore, the work deals with the analysis of rights and obligations being performed in relation to the provision of payment services, comprehensively regulated by the Payment System Act. Due to the fact, that the form of the Payment System Act has been significantly influenced by the european legislation, the thesis reflects, in appropriate cases, to the wording of the so-called Payment Services Directive. The final part describes fundamental changes in the provision of payment services going in connection with the adoption of the Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment...
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Legal regulation of payment transactions
Pail, Jakub ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This thesis is formally divided into 5 sections, which are: introduction, definition of basic terms, essay on the most important aspects of regulation of the payment services providers, chapter dedicated to payment systems and conclusion. It should argue on issues conected to payments and it is focused mainly on it's regulatory part. Introduction to the thesis sets the goal of it and defines the extent of the issues researched as well as the areas that are not accented much. The basic terms that are defined in the thesis are payment, payment relations, payment transactions, means of money, payment devices, electronic money, payment orders and payment services. This thesis contains non-regulatory issues as well as it accentuates the sociological importance of payment relations. It also shows historical connotations and describes trends which can be observed in the defined areas of exploration. It's goal is to explore and describe mainly the regulatory part of the issue though. The core structure of all parts is therefore focused mainly on the form of legal regulation of payments in effect. The biggest focus is set on description and analysis of the regulation of activities performed by providers of the payment services. Activities that consist of running the payment system and taking part on them...
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Bank account
Láníková, Kristýna ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Title of the Diploma Thesis Bank account Abstract The first part of the thesis deals with the account from the perspective of legal theory. It is examined the nature, characteristic elements and brief historical development. Following an analysis of the account as an object of property rights. In the chapter Legislation of the account under the Civil Code the thesis provides an analysis of provisions that affect the obligations of the account agreement. A part of this chapter is dedicated to a division of accounts under the existing scheme of the Civil Code. Regulation of other than a payment account and bankbook will be mentioned only in passing. Furthermore, the work deals with the analysis of rights and obligations being performed in relation to the provision of payment services, comprehensively regulated by the Payment System Act. Due to the fact, that the form of the Payment System Act has been significantly influenced by the european legislation, the thesis reflects, in appropriate cases, to the wording of the so-called Payment Services Directive. The final part describes fundamental changes in the provision of payment services going in connection with the adoption of the Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment...
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Payment services and their legal regulation
Pártl, Jakub ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The diploma thesis "The Payment services and their legal regulation" deals with payment services, their definition and description of the legislation. Furthermore it treats payment services contract and focuses further on payment transactions (transfer of funds), in particular payment orders and their requirements. The aim of the paper is analysis of various payment services and related institutions, including a short presentation of persons authorized to provide a payment service. The paper itself consists of introduction, three chapters and conclusion. The author presents the topic and his motives along with short example of literature in the introduction. First chapter deals with a theoretical introduction to the topic and explains key concepts and relations, including specific notion of payment (contact). Furthermore, the first chapter includes description of the persons authorized to provide payment services and introduces legislation dealing with payment services, including European legislation and its comparison with the preceding regulation covering payments. In the second part, the author presents, defines and describes the various payment services, including examples. Also so-called negative list of payment services, as results from the Payment Act, is presented. The second chapter also...
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A current account contract with a special regard to German legislation
Hrdlička, Vojtěch ; Liška, Petr (advisor) ; Horáček, Vít (referee)
- THE CURRENT ACCOUNT CONTRACT CONSIDERING GERMAN LEGISLATION In my diploma thesys I have focused on legal regulation of current account contract not only in czech law but also in german law. Is not comparison in strict sence, but just a considiration of in my opinion more exact and explicit legislation of legal institute. In introduction part I have pointed out the term of current account, its purpose and fuction. The main part is focused on applicable legislation of current account contract, its characteristic and to statutes concerning above mentioned questions (for example Act on banks, Act on payment system act). I also mention issuies of contracting parties position, management of banc account , fee for account maintenance, interest on the balance of funds on accounts, termination of contract, account owners death, payments and related deadlines for execution of payment transactions or unilateral changes to terms and conditions. I also consider to be relevant that the czech legislator introduced dual regulation of current account contract in connection with the implementation of european directive. Czech legislator distinguish between current account contract that is not a payment service contract and current account contract that is payment service contract. In my opinion this duality causes...
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