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Statutory liability under the Commercial Code
Vrba, Milan ; Plíva, Stanislav (advisor) ; Eichlerová, Kateřina (referee)
210 Statutory guaranty under the Czech Commercial Code Guaranty is a relationship between creditor and guarantor under which the latter is obliged to satisfy creditor if the debtor fails to perform a specific obligation. Apart from lien, guaranty is the most common method used to secure obligations. Guaranty usually arises from the contract or guarantor's declaration (thus called voluntary guaranty). There are however many provisions in Commercial Code which set up the guaranty irrespective of the will of parties concerned (statutory guaranty). The aim of the thesis is to provide an overview of all the cases of statutory guaranty which are applied under the Czech Commercial Code. The first chapter deals with general questions related to the guaranty. In spite of the fact that the statutory guaranty comes into existence due to the special Commercial Code's provisions, it may be governed by both Civil and Commercial Code. In this respect the only relevant and decisive factor is the character of the main obligation which is secured by the guaranty. Guaranty is accesoric relationship: it depends on the main obligation and it usually expires upon extinguishment of the obligation it secures. Guaranty may secure only a valid obligation of the debtor but an obligation which will arise in the future or an...
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Statutory Secondary Liability in the Law of the Limited Companies
Vrba, Milan ; Černá, Stanislava (advisor) ; Dvořák, Tomáš (referee) ; Josková, Lucie (referee)
Particular cases of statutory secondary liability in the law of limited companies are relatively frequent. Forasmuch as a publication providing comprehensive analysis of the subject matter is still missing, the aim of the thesis is to offer thorough treatise of the issue in its whole broadness. The first chapter analyses the secondary liability as the institution of the general law of obligations. Fundamental features of the secondary liability are pointed out and respective rights and duties of the relevant parties are outlined. The issue of subrogation, joint secondary liability, termination of the secondary liability and statutory bar of the rights arising therefrom are discussed. The second chapter deals with the statutory secondary liability of the members (shareholders) of the limited companies. The thesis shows that both debts and claims of company may be subject to secondary liability of its shareholders. The third chapter focuses on the statutory secondary liability of the members of company bodies (directors). Besides primary liability for the harm caused, the company law punishes the director's failure to observe his or her duties by means of secondary liability for the company's debts as well. Particular cases are critically analysed. The fourth chapter concentrates on the statutory...
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Statutory guaranty under the Czech Commercial Code
Vrba, Milan ; Eichlerová, Kateřina (referee) ; Zahradníčková, Marie (referee)
210 Statutory guaranty under the Czech Commercial Code Guaranty is a relationship between creditor and guarantor under which the latter is obliged to satisfy creditor if the debtor fails to perform a specific obligation. Apart from lien, guaranty is the most common method used to secure obligations. Guaranty usually arises from the contract or guarantor's declaration (thus called voluntary guaranty). There are however many provisions in Commercial Code which set up the guaranty irrespective of the will of parties concerned (statutory guaranty). The aim of the thesis is to provide an overview of all the cases of statutory guaranty which are applied under the Czech Commercial Code. The first chapter deals with general questions related to the guaranty. In spite of the fact that the statutory guaranty comes into existence due to the special Commercial Code's provisions, it may be governed by both Civil and Commercial Code. In this respect the only relevant and decisive factor is the character of the main obligation which is secured by the guaranty. Guaranty is accesoric relationship: it depends on the main obligation and it usually expires upon extinguishment of the obligation it secures. Guaranty may secure only a valid obligation of the debtor but an obligation which will arise in the future or an...
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Statutory liability under the Commercial Code
Vrba, Milan ; Eichlerová, Kateřina (referee) ; Plíva, Stanislav (advisor)
210 Statutory guaranty under the Czech Commercial Code Guaranty is a relationship between creditor and guarantor under which the latter is obliged to satisfy creditor if the debtor fails to perform a specific obligation. Apart from lien, guaranty is the most common method used to secure obligations. Guaranty usually arises from the contract or guarantor's declaration (thus called voluntary guaranty). There are however many provisions in Commercial Code which set up the guaranty irrespective of the will of parties concerned (statutory guaranty). The aim of the thesis is to provide an overview of all the cases of statutory guaranty which are applied under the Czech Commercial Code. The first chapter deals with general questions related to the guaranty. In spite of the fact that the statutory guaranty comes into existence due to the special Commercial Code's provisions, it may be governed by both Civil and Commercial Code. In this respect the only relevant and decisive factor is the character of the main obligation which is secured by the guaranty. Guaranty is accesoric relationship: it depends on the main obligation and it usually expires upon extinguishment of the obligation it secures. Guaranty may secure only a valid obligation of the debtor but an obligation which will arise in the future or an...
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