Prethodno priopćenje
Fundamental similarities and differences in the contract on the deposit, custody and management of the stock portfolio
Zvonimir Slakoper
Sažetak
The stock deposit contract is regulated by the Law on Obligatory Relations obliging the bank to accept and safeguard stocks, and once the deposit has been opened to apply the rights ensuing from these stocks for the benefit of the depositor. The rights and the method of their application depend on the type of stocks but, as a rule, the application of rights implies the carrying out of legal transactions with third persons, which establishes the relationship of the mandator and the trustee between the depositor and the bank based on the deposit contract. The contract on the stock custody has not been regulated by the Law on Obligatory Relations, but it is defined by the Law on the Stock Trade, which lists the actions included under the concept of custody. A significant number of these actions represent the application of stock rights, so that the relationship between the parties corresponds to the relationship between the mandator and the trustee from the injunction contract. Since this implies the obligations of the authorized company to accept and safeguard the stocks in its custody, provisions from the Law on Obligatory Relations in the contract on the stock deposit can be applied. While these two contracts imply the depositor's, or the mandator's holding of stocks at the moment when the contract is made, and exclude the possibility of the bank's appropriation of stocks and the acquisition of new ones, the contract on stock portfolio management implies that the mandator does not hold stocks at the moment when the contract is made, but it is the fundamental obligation of the authorized company to acquire stocks for the mandator and to alienate it for the purpose of making profit for the mandator. Since the relationship between the parties in this contract corresponds to the relationship between the client and the commissioner, clauses from the commission contract will be applied to this contract in the first place, and since the omissions in the regulations from the Law on Obligatory Relations in this contract can be filled by the clauses from the order contract, subordinated to the clauses on the commission contract, clauses from the order contract will be applied to this contract. All the three contracts are collecting because of the depositor's or mandator's obligation to pay compensation, but more often they will have the character of a commercial contract of the civil law character.
Ključne riječi
contract; bank law; stock deposit contract; stock custody contract; contract on the management of stock portfolio; order contract; commission contract
Hrčak ID:
6436
URI
Datum izdavanja:
5.12.2006.
Posjeta: 3.139 *