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Legal Regulation of Payment Services
Louthanová, Radka ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this thesis is to clearly describe all payment services which can be found in current Act on Payments of 2009 and also new payment services under new Act on Payments. New Act on Payments will come into effect on 13 January 2018. The reason for its adoption was the need of transposition of the revised Payment Services Directive known as PSD II. This directive brings significant number of changes into the area of the regulation of payments. Moreover, this thesis devotes to introduction and analysis of all subject authorized to provide payment services in the Czech Republic. The development of the regulation of payments in the Czech Republic is briefly described in the first part of the thesis. Regarding the extensiveness of this topic, it is only outlined which acts have regulated payments in the Czech Republic. The second part of the thesis deals with positive and negative definition of payment services. When describing a single payment service, the difficult situations which can occur due to this payment service are mentioned. The section on negative definition of payment services explains the exceptions which cause that some activities are not consider to payment services pursuant to current and new Act on Payments. For the provider it is essential to determine whether some activity is...
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Payment account
Kolářová, Jana ; Horáček, Tomáš (referee)
Payment account Abstract The firstpart of the thesis contains a brief historical development that preceded the creation of a payment account. Furthermore, its definition, essence and characteristic features. Subsequently, the legal regulation of the account is mentioned, both generally in the Civil Code, and all types of accounts are mentioned, as well as in related legal regulations. The thesis also analyzes the account contract, including the subjects of the contract, the requirements of the contract, possible forms of its conclusion, changes and cancellation. Subsequently, this work deals with the legal regulation of the payment account specified in the Payment System Act, while the work also mentions the development of European regulation in recent years. Furthermore, this work deals with the legal regulation of a payment account contract, which the Payment System Act refers to as a payment services contract, and as a framework contract. It also mentions a contract for a one-time payment transaction, an indirect payment order service, account information and marginally mentions the balance of money confirmation service, the so- called new service. Subsequently, this work deals with the conclusion, change or termination of a payment service contract, which is regulated by the Payment System Act, and also...
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The Law and Regulation of Payment Services
Šťastný, Jakub ; Kotáb, Petr (advisor) ; Boháč, Radim (referee)
The Law and Regulation of Payment Services Abstract The thesis deals with the subject of payment services, especially in the context of the Payment Services Directive 2, which recently came into force. The aim of the thesis is to evaluate which activities on the financial market are subject to regulation of payment services, to identify the persons authorised to provide payment services and to analyse certain rights and obligations arising between payment service users and payment service providers. The author also tries to analyse the changes brought by the Payment Services Directive 2 into the Czech law and considers the possible impact of such legislation on the payment services market and on the persons operating on it. The thesis is divided into five chapters, the first chapter deals with individual payment services; the second chapter defines activities that are out of the scope of payment services. The next chapter contains an overview of both Czech and EU law applicable to payment services, payment service providers and their activities. The fourth chapter is dedicated to the persons authorized to provide payment services and the fifth chapter describes the legal relationships arising when providing payment services, focusing mainly on the payment service contract, information duty of payment...
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Legal Regulation of Payment Services
Louthanová, Radka ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this thesis is to clearly describe all payment services which can be found in current Act on Payments of 2009 and also new payment services under new Act on Payments. New Act on Payments will come into effect on 13 January 2018. The reason for its adoption was the need of transposition of the revised Payment Services Directive known as PSD II. This directive brings significant number of changes into the area of the regulation of payments. Moreover, this thesis devotes to introduction and analysis of all subject authorized to provide payment services in the Czech Republic. The development of the regulation of payments in the Czech Republic is briefly described in the first part of the thesis. Regarding the extensiveness of this topic, it is only outlined which acts have regulated payments in the Czech Republic. The second part of the thesis deals with positive and negative definition of payment services. When describing a single payment service, the difficult situations which can occur due to this payment service are mentioned. The section on negative definition of payment services explains the exceptions which cause that some activities are not consider to payment services pursuant to current and new Act on Payments. For the provider it is essential to determine whether some activity is...
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