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...

Bank Account Abstract The thesis deals with the payment account agreement from the European and Czech national legislation point of view focusing on specific issues resulting from European directive 2014/92/EU (a. k. a. PAD) and the implementation of those institutes in the Czech Legislative Act No. 370/2017 Sb. The thesis is divided into two parts, whereas the first part includes theoretical introduction to the subject of the payment account agreement while the second part deals with particular four selected issues related to the payment account agreement resulting from PAD. In the first chapter of the first part the historical background of the concept of bank account or precisely payment account existence is outlined together with theoretical conclusions of different approaches towards this concept in current legal environment. Second and third chapter provide overview of relevant legislation passed on Czech national and European Union level. Effective and enforceable regulations alongside with some of the ineffective ones that are or have been substantially significant for formation relationships between bank account users and payment services providers providing bank accounts to users are part of the provided overview. The second part is divided into four chapters, each of them analysing one of the...

La transposition de la directive relative aux services de paiement du 13 novembre2007 en droit français est à l’origine de la création d’une nouvelle catégorie d’acteurs bancaires : l’établissement de paiement. La fourniture de services de paiement cesse ainsi d’être du domaine exclusif des établissements de crédit pour devenir l’activité principale des établissements de paiement. S’il est vrai que cette nouvelle répartition des activités bancaires ébranle le monopole bancaire, elle n’y met cependant pas fin. Pour une meilleure lisibilité et un contrôle plus efficace des acteurs, il est proposé une mutation du système bancaire grâce à d’une part une scission complète des activités bancaires, et d’autre part une indépendance des établissements de paiement face aux établissements de crédit. La sécurisation du marché des paiements dépend également de l’encadrement des opérations de paiement. La préservation de la confiance du consommateur est essentielle au bon fonctionnement du marché des services de paiement. / The transposition into French law of the Payment Services Directive of 13November 2007 led to the creation of a new category of players in the banking sector: the payment institution. The provision of payment services is no longer the sole domain of credit institutions but becomes the main activity of payment institutions. Although this new distribution of banking activities undermines thebanking monopoly, it does not terminate it. For a better legibility of the bankingsystem and a more efficient control of banking institutions, it is proposed amutation of the banking system through on the one hand, a complete separation of banking activities, and on the other hand payment institutions independence from credit institutions. Securing the payments services market also depends on the supervision of payment transactions. Preserving consumer’s trust is essential to awell-functioning payment services market.

Thesis describes technical and economic aspects of payment transaction using the empirical analysis on real data of payment institution. It focuses on the description of selected products provided by payment institution and empirically analyzes them on the basis of the available data in terms of the number of transactions in individual currencies, the ratio of product types utilization and clearing and settlement used by the payment institution. The thesis also describes the security requirements necessary for the conduct of payment transactions on the Internet for non-technically educated audiences. At the end of the thesis there are several recommendations for the development of payment institution based on empirical knowledge from data analysis, which can be used for further analysis of the payment institution.

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...