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Legal regulation of payment transactions
Roušarová, Kristýna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This diploma thesis deals with the issue of legal regulation of cashless payment transactions in the Czech Republic, as well as on European and international level. Furthermore, it focuses on the legal regime of payment accounts in the light of the amended Payment System Act No. 284/2009 Coll. that was adopted as a transposition of the Directive 2014/92/EU of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features. The aim of this thesis is to analyze and describe the current legal regime, including its critical evaluation and to outline the possible future development in the regulation of cashless payment transactions. The thesis is divided into three chapters. In the introduction, the author lays down the topic and the aim of the thesis and explains her motivation for writing a thesis from this area of law. The first chapter contains a theoretical introduction to the topic. The author explains what is a payment transaction, what forms can it take and who are the parties. In the second chapter, the author introduces the legal regulation of cashless payment transactions. In the subchapter dedicated to international payment transaction, the author explains how do the...
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Bank account
Láníková, Kristýna ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Title of the Diploma Thesis Bank account Abstract The first part of the thesis deals with the account from the perspective of legal theory. It is examined the nature, characteristic elements and brief historical development. Following an analysis of the account as an object of property rights. In the chapter Legislation of the account under the Civil Code the thesis provides an analysis of provisions that affect the obligations of the account agreement. A part of this chapter is dedicated to a division of accounts under the existing scheme of the Civil Code. Regulation of other than a payment account and bankbook will be mentioned only in passing. Furthermore, the work deals with the analysis of rights and obligations being performed in relation to the provision of payment services, comprehensively regulated by the Payment System Act. Due to the fact, that the form of the Payment System Act has been significantly influenced by the european legislation, the thesis reflects, in appropriate cases, to the wording of the so-called Payment Services Directive. The final part describes fundamental changes in the provision of payment services going in connection with the adoption of the Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to 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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Bank account
Tichý, Antonín ; Liška, Petr (advisor) ; Hurychová, Klára (referee)
Bank account Abstract This diploma thesis deals with the valid legal regulation of the bank account according to the legislation of the Czech Republic. However, the legislation of the Czech Republic is greatly influenced by the legal acts of the European Union, which are binding for the Czech Republic because this obligation is given by the country's membership in this organization. Therefore, for a more comprehensive understanding of the issue of legal regulation of the bank account, certain sections of this thesis mention several relevant provisions of legal regulations issued by the European Union. The main aim of this diploma thesis is to analyse the legal regulation of the bank account contained predominantly in the Civil Code as well as in the Payment System Act. The introductory section of this thesis focuses on the bank account as such - its characteristics and nature, and gives a brief history of its development. Furthermore, this chapter defines the term deposit and analyses the issue of the ownership of funds in the account in connection with the Czech case law. The second segment deals with the legal sources of the bank account both in the context of the Czech legislation and the legislation of the European Union. The introduction of the second segment is followed by an analysis of the previous...
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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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Legal regulation of payment transactions
Roušarová, Kristýna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This diploma thesis deals with the issue of legal regulation of cashless payment transactions in the Czech Republic, as well as on European and international level. Furthermore, it focuses on the legal regime of payment accounts in the light of the amended Payment System Act No. 284/2009 Coll. that was adopted as a transposition of the Directive 2014/92/EU of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features. The aim of this thesis is to analyze and describe the current legal regime, including its critical evaluation and to outline the possible future development in the regulation of cashless payment transactions. The thesis is divided into three chapters. In the introduction, the author lays down the topic and the aim of the thesis and explains her motivation for writing a thesis from this area of law. The first chapter contains a theoretical introduction to the topic. The author explains what is a payment transaction, what forms can it take and who are the parties. In the second chapter, the author introduces the legal regulation of cashless payment transactions. In the subchapter dedicated to international payment transaction, the author explains how do the...
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Payment account with basic features and its importance for consumers
Bazala, Marek ; Schlossberger, Otakar (advisor) ; Fleischmann, Luboš (referee)
This Bachelor thesis deals with a payment account with basic features in the Czech Republic. It defines a payment account with basic features and describes all the main characteristic features according to the czech legal system. Furthermore, there is a comparison of individual payment accounts with basic features among four financial institutions. The thesis also aims at terms and conditions that are obligatory for each of the financial institution providing payment account with basic features. The final part compares cost of individual payment services associated with the payment accounts with basic features.
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Bank account
Láníková, Kristýna ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Title of the Diploma Thesis Bank account Abstract The first part of the thesis deals with the account from the perspective of legal theory. It is examined the nature, characteristic elements and brief historical development. Following an analysis of the account as an object of property rights. In the chapter Legislation of the account under the Civil Code the thesis provides an analysis of provisions that affect the obligations of the account agreement. A part of this chapter is dedicated to a division of accounts under the existing scheme of the Civil Code. Regulation of other than a payment account and bankbook will be mentioned only in passing. Furthermore, the work deals with the analysis of rights and obligations being performed in relation to the provision of payment services, comprehensively regulated by the Payment System Act. Due to the fact, that the form of the Payment System Act has been significantly influenced by the european legislation, the thesis reflects, in appropriate cases, to the wording of the so-called Payment Services Directive. The final part describes fundamental changes in the provision of payment services going in connection with the adoption of the Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment...
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