Legislative Aspects of Custody of Securities in the Conditions of the Slovak Republic

Tomáš Peráček (), Boris Mucha () and Patrícia Brestovanská ()
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Tomáš Peráček: Comenius University in Bratislava
Boris Mucha: Comenius University in Bratislava
Patrícia Brestovanská: Comenius University in Bratislava

A chapter in Finance and Sustainability, 2020, pp 237-247 from Springer

Abstract: Abstract The result of the meeting the supply and demand for securities is the conclusion of selected types of securities contracts. The purpose of custodian contracts, administration, depositing securities is the provision of securities care for the client for remuneration. These contract types belong to this specific category and form an integral part of the securities market. Especially in business practice, we encounter a number of legislative problems in concluding securities contracts. Some investment companies ignore the legislation and propose to clients to conclude storage contracts contained in the Commercial Code. This situation is also supported by the fact that the examination of the issue of securities custody contracts has also been neglected in the long term by legal theorists in the area of securities law, such as: Dědič, Pauly, Jablonka and others. Our main goal is to identify individual contractual types. The partial goal is to confirm or reject the hypothesis that these are separate contractual types and not just subtypes of contracts contained in the Commercial Code. Another sub-goal is to find answers to practical application problems through literature and case law. We examine the chosen issue using not only the available professional and scientific literature and legislation, but also using current knowledge of judicial practice.

Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:spr:prbchp:978-3-030-34401-6_20

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DOI: 10.1007/978-3-030-34401-6_20

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