|
|
Loan agreement
Čížek, Ondřej ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The purpose of my thesis is to generally describe the legal aspects of the loan agreement which includes the describtion of credit and customer credit too. The thesis is composed of eight chapters and each of them dealing with different aspects of the credit or the Loan agreement. Chapters describes the term "credit" and the difference between his legal and economic sense for society. It's necessary mention different kinds of credits, his meaning, ways of categorizations and basic principles used in credit contracts. In loan agreement I begin with a short historical introduction, his origin and evolution. Most important part of my thesis examines relevant Czech legislation of the credit contract, his meaning in system of law, necessary and unnecessaty part of loan agreement, diferrent kind of legal security of provided money and the special possition of bank like a creditor. Credit contract is regulated in § 497 - § 507 in Czech Commercial code n. 513/1991. Under the loan agreement, the creditor obligates to provide to the debtor, at his request, certain amount of money, and the debtor obligates to repay the provided money and pay interest. Interest in this contract is a price that the crediton is fain to allow the money. Loan agreement is one of the absolute commercial law obligations which means that the...
|
|
|
Credit
Tichá, Irena ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Credit This diploma thesis deals with the provision of credit and credit agreement under Sections 2395 - 2400 of the Civil Code. The purpose of this thesis is to analyze legal regulation of credit agreement under Civil Code and also to describe selected issues of Consumer Credit regulated by Consumer Credit Act. The first chapter describes credit in general, defines credit agreement and sources of the law, by which credit agreement is governed, then I compare credit agreement and loan agreement and describes banks as typical credit providers and I also describe types of bank credits. The second chapter is the most comprehensive and it analyzes particular issues of credit agreement. This chapter deals with form and parties of credit agreement, entities that are authorized to provide credit, then I focus on interests and late payment interests, currency and purpose of the credit, and legal regulation of drawdown and repayment of the credit. I also analyze issues of terms and conditions, standard form agreements and basic issues of security, although these issues are applicable in general, but often affects credit agreements. In the analysis of the legislation I use the literature mainly related to the credit agreement after the recodification civil law and applicable case law. Due to the recent...
|
|
|
Credit
Tichá, Irena ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Credit This diploma thesis deals with the provision of credit and credit agreement under Sections 2395 - 2400 of the Civil Code. The purpose of this thesis is to analyze legal regulation of credit agreement under Civil Code and also to describe selected issues of Consumer Credit regulated by Consumer Credit Act. The first chapter describes credit in general, defines credit agreement and sources of the law, by which credit agreement is governed, then I compare credit agreement and loan agreement and describes banks as typical credit providers and I also describe types of bank credits. The second chapter is the most comprehensive and it analyzes particular issues of credit agreement. This chapter deals with form and parties of credit agreement, entities that are authorized to provide credit, then I focus on interests and late payment interests, currency and purpose of the credit, and legal regulation of drawdown and repayment of the credit. I also analyze issues of terms and conditions, standard form agreements and basic issues of security, although these issues are applicable in general, but often affects credit agreements. In the analysis of the legislation I use the literature mainly related to the credit agreement after the recodification civil law and applicable case law. Due to the recent...
|
|
|
Contractual terms aimed at the protection of a lending institution in the area of loans provided to corporations
Bártíková, Marta ; Liška, Petr (advisor) ; Rozehnal, Aleš (referee)
The thesis is focused on the analysis of legislation concerning loans and usage of contractual undertakings for the purpose of protection of the credit institution in the field of loans provided to corporations. Loan represent an economic tool that enables to provide a temporarily unused financial sources to another subject based on agreed terms and returnable character for the consideration in the form of interest payment. Corporation represent a form of legal person that is based on organized association of persons (physical and legal). The credit institution is exposed to a number of risks in relation to loans business. In the forefront it is exposed to the credit risk of non-payment of the debt by the debtor at maturity date mainly because of factual inability (deficient sources) to repay the debt. The credit institution is next to the credit risk exposed to other risks - liquidity risk, market risks (interest and exchange rate risk) and risk of changes of legislation (regulatory environment). Analysis of applicable contractual undertakings for the purpose of reduction of credit and other risks represent the main focus of the thesis. The thesis is in this context focused also on the economic aspects next to the legal issues, especially risk analysis beforehand of the application of the...
|
|
|
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...
|
|
|
Loan agreement
Krofta, Jan ; 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. The aim is to analyse the relevant legal regulation of the Loan Contract in detail, and to emphasize its interpretations issues, which are followed by the proposal of appropriate solutions. Furthermore, some other legal institutes closely related to the Loan Contract are also described (e.g. the Loan Contract under the Civil Code, loan business terms, security etc.). In the first chapter, the general concept of the loan is described, its essential importance in the free market economy, and its definition in the legal sense. The second chapter provides the history of the origin and evolution of the loan, from its formation under the Roman law to the changes in the contemporary legal regulation. The following third chapter aims to compare the Loan Contract under the Commercial Code with the Loan Contract under the Civil Code. The subject of the fourth chapter is the analysis of the fundamental principles which serve as guidelines for the Loan Contract structure. In the fifth chapter, the relevant legal regulations are addressed, the purpose and meaning of the loan business terms, and the legal character of the Loan Contract as an absolute commercial obligation. The...
|
|
|
Loan agreement
Čížek, Ondřej ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The purpose of my thesis is to generally describe the legal aspects of the loan agreement which includes the describtion of credit and customer credit too. The thesis is composed of eight chapters and each of them dealing with different aspects of the credit or the Loan agreement. Chapters describes the term "credit" and the difference between his legal and economic sense for society. It's necessary mention different kinds of credits, his meaning, ways of categorizations and basic principles used in credit contracts. In loan agreement I begin with a short historical introduction, his origin and evolution. Most important part of my thesis examines relevant Czech legislation of the credit contract, his meaning in system of law, necessary and unnecessaty part of loan agreement, diferrent kind of legal security of provided money and the special possition of bank like a creditor. Credit contract is regulated in § 497 - § 507 in Czech Commercial code n. 513/1991. Under the loan agreement, the creditor obligates to provide to the debtor, at his request, certain amount of money, and the debtor obligates to repay the provided money and pay interest. Interest in this contract is a price that the crediton is fain to allow the money. Loan agreement is one of the absolute commercial law obligations which means that the...
|
|
| |
guest ::
