Abstract:

One of the basic tools of the capital market are securities. Under the currently valid and effective legislation, ownership of securities can be acquired through three types of scrambling contracts. It is a contract for the purchase of securities, a contract for the donation of securities and a contract for the loan of a security. These contract types are primarily regulated in the Securities Act as the “lex specialis” of securities law, with subsequent reference to the legal regulation contained in the Civil Code and the Commercial Code. The author is focused on a donation of securities, which is used in practice only a little, or even at all. For this reason, no attention is paid to them either by legal theorists. The author, through scientific and doctrinal interpretation, examine the selected provisions of the Securities Act and the Civil Code relating to the issues of these agreement. Through professional literature and court decisions, they are looking for answers to practical application problems. Last but not least, they compare legal regulations in Slovakia and the Czech Republic and point to the differences.