Abstract
The final thesis deals with a share in a private limited company as a security. An introduction chapter is being followed by a chapter describing the historical development of the pledge over a share in a private company limited by shares and the securing ownership transfer on the current territory of the Czech Republic.
The following chapter deals with the basic preconditions for the conclusion of a valid pledge contract over share. The author compares the protection of the good faith when dealing in trust in the commercial register and the land register in the fourth chapter.
The possibility to acquire a pledge on a share from a non-owner and the possible acquisition of a share without any rights of third persons is considered. The possibility of acquisition of the pledge on a share by positive prescription is examined.
The fifth chapter deals with the relations between the pledgor, the pledgee and the company. The protection of the pledgee from the interventions of the company and the pledgor is being analysed.
The ranks of the pledge are being researched. The different possibilities of realisation of the pledge are investigated.
The sixth chapter is dedicated to the pledge in specific situations. Pledge of shares as securities, pledge in insolvency proceedings, negative pledge on shares and share as a part of collective thing are discussed.
The seventh chapter compares the legal regulation of pledge over share in a private company limited by shares, where the shares are not securities and where the shares are expressed as a security. The eight chapter is dedicated to the fiduciary contract to the share in a private company limited by shares and the relations between the trustor, trustee and the company are explored.
The ninth and tenth chapter addresses the German legal regulation and compares the German and the Czech legal approach to the pledge over share in a private company limited by shares. The last chapter is the summary.