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Securing Obligations at Businesswoman Jana Kratochvílová
Kolářová, Pavla ; Kopřiva, Jan (referee) ; Musilová, Helena (advisor)
Bachelor´s thesis deals with the problem of securing of two non-monetary obligations for businesswoman Jana Kratochvílová in order to fulfill the obligations properly and in time. The first non-monetary obligation from the contract for work is a reconstruction of salesroom, the second non-monetary obligation is a delivery of new stationery from sales contract. In my work, ways of securing are analyzed and then the type of security, which would be in my opinion the most suitable for the businesswoman, is suggested.
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Analysis of Ensuring of Liabilities in Company Milfor Steel s. r. o.
Beňovská, Barbora ; Ivánek, Lumír (referee) ; Musilová, Helena (advisor)
This bachelor thesis is dedicated to providing commitments in Company Milfor Steel s. r. o. The analytical part is consisted of analysis of cases to ensure commitments in Company Milfor Steel s. r. o., maturity analysis assets and liabilities, factoring loan and bank account. Aim of this work is to evaluate current situation to ensure liabilities and finding effective solutions for providing such a way that the company maintain or improve their current market position.
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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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Legal aspects of the securing of obligations in international trade
Mišoň, Petr ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Legal aspects of the securing of obligations in international trade The securing of obligations in the international trade is recently, possibly more than ever before, very topical issue, and the reason is quite clear - there is a strong need to secure international contractual obligations by effective and reliable securing instruments because of the economic and debt crises which started in 2008 and has been still a very actual problem. This thesis focuses on legal relations arising from the securing of contractual obligations in the international trade. The goal of the thesis is to describe legal aspects of securing obligations considering the determination of an applicable law, under which the securing is governed. Because of the author's long- term working bank experience, the final part of the text deals with a securing by a bank guarantee. In the first part of the thesis there are described legal relations in which an international element appears, and there are also described a purpose, function, categorization and different types of securing instruments respective of the international trade. The second part of the thesis deals with the problem how to determine which law is the applicable one for securing of obligations in the international trade. There are described legal aspects of...
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Legal aspects of the securing of obligations in international trade
Mišoň, Petr ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Legal aspects of the securing of obligations in international trade The securing of obligations in the international trade is recently, possibly more than ever before, very topical issue, and the reason is quite clear - there is a strong need to secure international contractual obligations by effective and reliable securing instruments because of the economic and debt crises which started in 2008 and has been still a very actual problem. This thesis focuses on legal relations arising from the securing of contractual obligations in the international trade. The goal of the thesis is to describe legal aspects of securing obligations considering the determination of an applicable law, under which the securing is governed. Because of the author's long- term working bank experience, the final part of the text deals with a securing by a bank guarantee. In the first part of the thesis there are described legal relations in which an international element appears, and there are also described a purpose, function, categorization and different types of securing instruments respective of the international trade. The second part of the thesis deals with the problem how to determine which law is the applicable one for securing of obligations in the international trade. There are described legal aspects of...
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Bank guaranty
Siberová, Pavlína ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
- Bank guaranty The thesis deals with the topic of bank guarantee and its legal regulation in the Czech legal system. The purpose of this thesis is to provide comprehensive characteristics of bank guarantee, both from theoretical and practical point of view. The thesis can be divided into tweleve chapters. The first chapter is the introduction a and the last chapters contains conclusion. Second chapter is focused on nature and function of securing instruments and their legal regulation in respective legislation. Third chapter compares bank guarantee with ordinary guarantee. Then includes historical development of bank guarantee and regulation of the instrument in the Commercial Code, in legislation of public law and in Uniform rules issued by International Chamber of Commerce. Fourth chapter is the focal point of the thesis. It explains relations between subjects participating in bank guarantee. These subjects are principal, benefictiary and bank. The fourth chapter also analyzes objections of bank, assignment of the rights from bank guarantee and guarantee charge. Lastly, it contains description of secured obligation and abuse of right to demand performance with its possible consequences in criminal law. Fifth chapter focuses on letter of guarantee and its content. Then it thoroughly analyzes...
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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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