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Banking contracts
Pola, Jan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The author of the diploma thesis submits a treatise on the scope of contracts defined by the legal theory which are termed as bank contracts, or alternatively bank trades. In order to formulate the concept and the subject matter of such contracts with the adequate precision, the text of the diploma thesis comprises also a specification of other, yet close terms, the knowledge of which the author considers to be crucial for understanding the particular subject. Thus the author enables the reader who is acquainted with the law but does not specialize in commercial or financial law to familiarize with the submitted subject but also expresses his opinion concerning general necessity of defining particular concepts precisely and completely if these concepts are used to express subsequent concepts. While writing the diploma thesis the author tried to explain the indicated problems in the text wherever it was possible, and refers to general arrangement only where there was no other possibility owing to the extent and range of the work. The text is divided into five chapters. The first chapter, which is preceded by a standard introduction, deals with the bank. It is subdivided into ten smaller sections. The first four sections describe four basic attributes of the bank, namely the required legal form, the...
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Recodification of private law from the perspective of the quality of legislation
Pola, Jan ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
1 Recodification of private law from the perspective of the quality of legislation Abstract: The key regulation of the recodification of private law is the Civil Code. Legislative work has insisted on it for many years, and as such, it represents a complete, internally interconnected whole. Since its approval in 2012, it has been gradually adopted by the professional and general public alike, yet when we read it, we always find something new in it that we didn't previously notice. This then leads us to various considerations on how to interpret a specific provision, and how to apply it in practice. The Civil Code is a legally precisely written set of laws, yet it contains certain ambiguities, or even inaccuracies. This thesis deals with proposals for amendments to the Civil Code, submitted to the Chamber of Deputies. There were already a total of thirty-one of these, and six of them have been successful so far. For the individual proposals, the second part of the thesis evaluates the reasons for which the changes are proposed, and also whether these changes are generally necessary, whether they are necessary to achieve the intended goal, whether a change in such a fundamental code as the Civil Code is really necessary, whether the change can be assessed as appropriate, i.e. whether its pros outweigh its...
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Banking contracts
Pola, Jan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The author of the diploma thesis submits a treatise on the scope of contracts defined by the legal theory which are termed as bank contracts, or alternatively bank trades. In order to formulate the concept and the subject matter of such contracts with the adequate precision, the text of the diploma thesis comprises also a specification of other, yet close terms, the knowledge of which the author considers to be crucial for understanding the particular subject. Thus the author enables the reader who is acquainted with the law but does not specialize in commercial or financial law to familiarize with the submitted subject but also expresses his opinion concerning general necessity of defining particular concepts precisely and completely if these concepts are used to express subsequent concepts. While writing the diploma thesis the author tried to explain the indicated problems in the text wherever it was possible, and refers to general arrangement only where there was no other possibility owing to the extent and range of the work. The text is divided into five chapters. The first chapter, which is preceded by a standard introduction, deals with the bank. It is subdivided into ten smaller sections. The first four sections describe four basic attributes of the bank, namely the required legal form, the...
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