Abstract:

Securities are the basic instruments of the capital market in every economy. Under current and effective legislation, the debtor may also be liable for debts by the securities. In particular, the establishment of a lien on securities. However, as there have been doubts in the literature about such a possibility, the authors focus on examining this issue, which in practice is used only minimally or is not used at all. For this reason, legal theorists do not pay attention to this. Through scientific and doctrinal interpretation, the authors examine selected provisions of the Securities Act, the Commercial Code and the Civil Code concerning the issue of lien. They seek answers to practical application problems through legislation, scientific literature and scientific research methods. The result of the paper is an answer to the research question whether it is possible to establish a lien on the securities.