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Contractual penalty under the Commercial Code
Kratochvíl, Vladimír ; Patěk, Daniel (advisor) ; Elek, Štefan (referee)
Contractual penalty under the Commercial Code Summary The theme of this Master's degree thesis is Contractual penalty under the Commercial Code. Author chose this topic because contractual penalty is important and very often-used institute through which parties to the contract can secure their obligations. This instrument should guarantee that the debtor would perform his main (primary) commitment to the creditor. If not, he may be punished for a breach of the contract even if there won't arise any damage (loss) on the creditor's side. This fact represents considerable advantage over other similar institutes. The study is focused on issues of contractual penalty in commercial relations, specifically in a situation when both parties to the contract are businessmen and they entered into agreement in connection with their business. However the legislation of the instrument is relatively brief (articles 544 and 545 of the Act No. 40/1964 Coll., The Civil Code and articles 300 to 302 of the Act No. 513/1991 Coll., The Commercial Code, which includes a special regulation for business relations), many questions and uncertainties can be found. Many of them were resolved by adjudications but there are still problematic aspects. Author focuses on their solutions and tries to give response, which will be satisfactory...
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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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Bank guarantee
Jindrová, Lucie ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
This thesis deals mostly with regulation of bank guarantee in Czech law, as well as with regulation on international level. The main aim of this work is to provide a complete perspective on bank guarantee, definition of its typical elements and its subjects and relations between the subjects, and to make classification of different kinds of bank guarantees. The work is divided into 12 main chapters and a great number of subchapters. Chapter one deals with a risk that is closely connected with bank guarantee, as bank guarantee is mostly used to secure risks. Chapter two is dedicated to historical development of bank guarantee and to previous regulation in the Code of International Business. Chapter three is focused on legislation of bank guarantee both in the Commercial Code and in other laws that regulate its use in the Czech Republic. This chapter is also concerned with the international law - mostly rules issued by the International Chamber of Commerce in Paris. Chapter four is mostly focused on characteristics of essential elements of bank guarantee, its differences from guarantee and its practical use. Chapters five and six are completely dedicated to establishment of bank guarantee and actions before its establishment. Chapter seven analyses subjects of bank guarantee and relationships between...
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Contractual penalty under the Commercial Code
Kratochvíl, Vladimír ; Patěk, Daniel (advisor) ; Elek, Štefan (referee)
Contractual penalty under the Commercial Code Summary The theme of this Master's degree thesis is Contractual penalty under the Commercial Code. Author chose this topic because contractual penalty is important and very often-used institute through which parties to the contract can secure their obligations. This instrument should guarantee that the debtor would perform his main (primary) commitment to the creditor. If not, he may be punished for a breach of the contract even if there won't arise any damage (loss) on the creditor's side. This fact represents considerable advantage over other similar institutes. The study is focused on issues of contractual penalty in commercial relations, specifically in a situation when both parties to the contract are businessmen and they entered into agreement in connection with their business. However the legislation of the instrument is relatively brief (articles 544 and 545 of the Act No. 40/1964 Coll., The Civil Code and articles 300 to 302 of the Act No. 513/1991 Coll., The Commercial Code, which includes a special regulation for business relations), many questions and uncertainties can be found. Many of them were resolved by adjudications but there are still problematic aspects. Author focuses on their solutions and tries to give response, which will be satisfactory...
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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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