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Bank account
Matějka, Filip ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Cizojazyčné resumé The thesis is dedicated to the matter of a bank account. The bank account is considered to be a financial product that serves for depositing of temporarilly free financial funds and primarily for realizing cashless payment system. The aim of this thesis is to provide an analysis of current applicable and effective legislation considering the bank account in Civil Code, where newly contained the bank account legislation as a result of recodification of private law. In some sections of the thesis the analysis of the legislation is accomplished in the context of the antecedent legislation in former Commercial Code. The thesis is divided into seven chapters. The first chapter is dedicated to analyse the basis of the bank account from the point of view of legal doctrine. The second chapter provides fundamental legal charakteristic of bank account contract. This chapter describes the bank account contract as banking contract and focuses on the bank account contract from the point of view of consumer law. This chapter also provides analysis of parties of the bank account agreement. The end of the chapter discusses the general charakterization of banking terms and conditions. Third chapter provides analysis of general legislation of the bank account from the perspective of Civil Code. These legal...
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Functions of bills of exchange with a emphasis on its securing function
Hrmo, Michal ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
The final thesis is divided into seven chapters, which are divided into several sub-chapters. First chapter contains short introduction about the main focus of the thesis and the purpose of the work. Its aim is to test the hypothesis that the securing bill of exchange is a suitable tool to secure obligations and, if so, under what conditions. Despite the common opinion that advantages are on the creditors' side, reader will also see pitfalls that accompany its use. Second chapter explains the concept of bill of exchange from a broader perspective, including its evolution and development of current legislation. It also compares legislation of Czech Republic and European Union with a brief look into some differences of Anglo- American law of bills of exchange. There are also defined types of bills of exchange with their requirements described in this chapter. Third chapter deals with securing bill of exchange in detail. It explains its characteristics, content and scope. Subchapter 3.3 is devoted to the most commonly used type of securing bill of exchange-blank bill. There are also results of the survey of usage of bills of exchange with description. Reader will learn about advantages and disadvantages of securing bill of exchange. Fourth chapter is a brief explanation of the various aspects of agreement on...
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In Rem Security Interests in Syndicated Loan Finance
Živanský, Jakub ; Liška, Petr (advisor) ; Elek, Štefan (referee)
This thesis analyses the legal regime of in rem security interests, in particular pledges and security assignments of rights, in the context of syndicated loan finance. The thesis draws mainly from the Act No. 89/2012 Coll., the Civil Code, and the Act No. 90/2012 Coll., on Commercial Companies and Cooperatives (the Corporations Act), and related legal acts, case law and jurisprudence. In the first chapter, the author describes the main elements of a facilities agreement and the typology of loans. The term syndicated loan is defined as a bank loan provided by two or more creditors, who are not joint and severe creditors among themselves, and which is usually secured by in rem security interests. The second chapter of the thesis introduces the area of securing debts and describes the security and reimbursement functions of security interests. In the third and fourth chapter, the author details the main attributes of in rem security interests. The thesis focuses on the secured party, the security provider and the secured debt whereas emphasis is given on the security agent, whose position can be structured using the institutes of joint and severe creditorship, administration of security, trust and parallel debt. The thesis deals with the ranking of security interests and negative pledges. The author states...
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Specificity of the maturity of debts arising from relations between entrepreneurs and their enforcement
Cervanová, Anna ; Eichlerová, Kateřina (advisor) ; Elek, Štefan (referee)
This diploma thesis deals with development and current legislation regulating time of payment in relation to commercial debts, and collection of creditor's claims both in Czech and European law. The aim of the thesis is to find out how the legislation may influence time of payment and what other factors affect general attitude towards paying commercial debts. The text is divided into eleven chapters. Introductory chapter defines basic terms which are used throughout the thesis, such as obligation and relation between entrepreneurs, time of payment and deferred payment. Second chapter contains overview of legislation related to time of payment and its possible regulation since ABGB until entry of the Czech Republic into the EU. Development of EU legislation is described in chapter three. Fourth chapter contains detailed analysis of current Czech legislation with accent on potentially problematic points. Fifth chapter deals with public-law regulation of time of payment by the means of protection of economic competition. Chapter six contains comparison of selected foreign legislations. Following part of the thesis analyses actual time of payment both in Czech Republic and other European states. Chapter eight identifies reasons for default in payment. Following chapter suggests methods through which the...
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A comparison of current and deposit account contract
Škrobánek, Petr ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Resume: A comparison of current and deposit account contract The original purpose of the diploma thesis " A comparison of current and deposit account contract" had been to describe and analyse the existing legislation of the Current Account Contract and the Deposit Account Contract regulated by Act No. 513/1991 Coll., the Commercial Code, as amended by subsequent legislation, further to compare them and to draw the appropriate legal conclusions out of this comparison. With respect to the development of legal control, in particular due to passing the Act No. 284/2009 Coll., on payment system, as amended by subsequent legislation, and the Act No. 89/2012 Coll., the Civil Code, it was necessary to modify the meaning of this thesis in the way to reflect new statutory regulation resulting out of the above, while respecting existing regulations. The aim of the thesis thus became a description, analysis and comparison of the Current Account and Deposit Account Contract and a description and analysis of the Contract for Payment Services, all of above covered by the description and subsequent comparison with the Account Contract. The thesis is conceived primarily to comparison of the above-mentioned statutory regulations with the fact that some of the more significant and at the same time problematic legal issues...
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Unjustified Enrichment in Business Law
Loukotová, Šárka ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
Unjustified Enrichment in Business Law Abstract The aim of my thesis is to analyse the concept of unjustified enrichment in connection with the commercial law. In fact this topic is usually described in the civil law studies and at the same time the unjustified enrichment is minor topic compared to the obligations arising from the contracts. This is the reason why I have chosen this issue describe and focus on the business aspects. The thesis is composed of seven chapters. Chapter one as an introduction defines basic legislation acts, which I am dealing with throughout the thesis and roughly describes there are changes in connection with the extensive recodification of the Czech private law. Chapter two is subdivided into two parts. Part one focuses on the origin of the unjustified enrichment in Ancient Rome as the base for the civil law. Part two provides an outline of past legislation within the territory of the Czech Republic until its establishment. Chapter three concentrates on the legislation effective until 31 December 2013. It illustrates the approach to decision-making by the Supreme Court including the decision-making in connection with the limitation of rights according to Commercial Code. Chapter four analyses the changes after New Civil Code came into force in relation to commercial law. Here...
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Bank guarantee
Hejná, Veronika ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
Bank guarantee Even after recodification of the private law in the Czech Republic, the bank guarantee remains an important means of covering risk; mostly due to its universal nature. The aim of this thesis is to provide a comprehensive view on the topic of bank guarantees, especially in light of the new Civil Code. The work will focus on defining the nature of the bank guarantee, as well as the ties between the subjects of the relationship formed within bank guarantees, and its basic principles. I have chosen this subject matter, as the bank guarantee remains pertinent, not only in foreign trade, but also in the Czech Republic, as evidenced by legislation such as the Public Procurement Act, the Act on Public Auction, or in the Customs Law. However, the most important role of bank guarantees remains in international trade, where in addition to market risk and performance risk of the contractual counterparty, a territorial risk prevails. In international trade, usually multiple banks take part in the guarantee relationship. This thesis is divided into eight chapters. The first chapter deals with ways of debt security in the new Czech Civil Code and conceptual and terminological changes. It briefly outlines and defines the institutes of insuring debt in new Civil Code. The second chapter concentrates...
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Bonds and their importance for business
Žáček, Bohdan ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
BONDS AND THEIR IMPORTANCE FOR BUSINESS The theme of this thesis is bonds as substitutable securities carrying particularly the right to repayment of amount due and of yield; the second topic is the importance of bonds for business. In the introduction the author deals with general embedding of the term security in the Czech legislation as well as in Swiss and Slovak legal concepts. Mentioned are changes brought by the new Czech Civil Code which will be effective probably from January 1, 2014. Thesis then comprehensively discusses the bonds in the Czech legislation. Described are the term bond and functions of bonds, as well as the matter of bond issuers, then basic essentials of bonds, the possibility of bond yield establishing, bond emission conditions and requirements needed for their approval and publication. This is followed by articles on the issue of bonds and the individuals involved on the bond issue process, then by conditions of public offering and bond trading on a regulated market. Widely discussed are the specific types of bonds (mortgage bonds, municipal bonds, collecting bonds, subordinate bonds and convertible and priority bonds). The theme that cannot be missing is public debt and subject of government bonds as a mean to finance it, with regard to the Czech regulation. This is followed by...
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Loan agreement
Martiník, Tomáš ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Loan contract This thesis investigates the provision of loans based on the Loan Contract under Sections 497- 507 of the Commercial Code. Extension in which is the Loan Contract investigated is then applied to comparison with the New Civil Code. In the New Civil Code is the Loan Contract under Sections 2395 - 2400. Furthermore, some other legal institutes closely related to the Loan Contract are also described (e.g. securities, interest, business terms). In the first chapter, I describe the definition of a loan, its essential importance in market economy, and its definition in legal and economical sense. The second chapter deals with fundamental principles which are applied when enclosing the Loan Contract. The following third chapter aims to origin and evolution of the loan from its formation to the latest legal regulation. In the fourth chapter I go in for introduction of the New Civil Code and for a brief general discourse about this new Czech civil law codex. The fifth chapter deals with legal regulation of the Loan Contract in the Commercial Code and then it is compared with the legal regulation in the New Civil Code. Subject of a sixth chapter is analysis of conception of the Loan Contract used in selected foreign legal systems. In the following seventh chapter the difference between the Loan...
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The Concept and Types of Bills of Exchange and Promissory Notes
Bulušek, Petr ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
RESUME Bills of exchange and promissory notes are one of the most used instruments of business relationships in the area of Geneva law. This fact was undoubtedly caused by the unique attributes of bills of exchange and promissory notes which are represented especially by formality, obviousness, transparency and imperative nature. The main reason for compiling this dissertation is to describe disputed facts of bills of exchange and promissory notes with regard to the cases and scientific research. The dissertation deals only with the more detailed survey of the main topic, the other matters of legal relations bills of exchange and promissory notes will not be covered in this research. It contains authentic texts representing and explaining the topics in question. The dissertation provides a coherent interpretation of the chosen topic and it is the basis for the solution of certain problems in practice. The dissertation consists of four chapters and each of these chapters is subdivided into more specific units. The first chapter is an introduction to the history and current system of exchange law. The second chapter deals with the basic institutions of exchange law including types of bills of exchange and promissory notes. The third chapter is a resource for legal information and it deals with judicial...
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