National Repository of Grey Literature 38 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Teleological interpretation in private law
Anzenbacher, Vilém ; Beran, Karel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee) ; Havel, Bohumil (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
New corporate law imperativeness and dispositivity
Szmuda, Jozef ; Černá, Stanislava (advisor) ; Beran, Karel (referee) ; Marek, Karel (referee)
Název, abstrakt a klíčová slova v anlickém jazyce New corporate law imperativeness and dispositivity Abstract This dissertation thesis focuses on the basic premise that the autonomy of the will, as a fundamental principle of private law, also applies to corporate law. When researching the imperative and dispositive norms of corporate law, one must examine how the autonomy of the will can be manifested and limited. All the limitations of the autonomy of the will to dispose of its private-law relations are realised through certain limits, which set boundaries that cannot be overstepped by the subjects of legal relations. Therefore, this paper contains the categorisation of the types of restrictions on the autonomy of the wills and the limits through which these types of restrictions on the autonomy of the will are realised. Exploring the limits of the autonomy of the will leads to a preliminary conclusion that all these categories follow a general requirement, that the legal actions should be in accordance with the meaning and purpose of law. The meaning and purpose of a legal norm can be considered as a basic criterion for defining the legal norm as imperative or dispositive. However, it must be emphasised that the limits on the autonomy of the will may be imposed not only by imperative norms, but also by...
Theoretical Issues of the Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union
Ondřejová, Zuzana ; Beran, Karel (advisor) ; Hřebejk, Jiří (referee)
Theoretical Issues of Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union The reson why I chose this topic for my final thesis is fact, that I am still an active basketball player. During my studies at The Faculty of Law I have started to be more interested in problems of mutual relationship between sport and law. The main objektive of this thesis is in detail to describe and analyze whether, in conformity with valid legal rules, is a professional sportsman in the legal status of the sole trader, in the legal status of the person practising his profession on a free-lance basis or in the legal status of an employee. In the introduction chapter, an analysis of a concept "sport" is performed. Sport is therein defined, number of its characteristic features are described including the division into a recreational sport, achievment sport and professional sport. Another part of this charter is focused on the concept "sportsman" which brings the definition and differences among amateur, paraproffesional and professional sportsmen. Sport in contemporary conception, especially the professional one, undoubtedly has to be regulated by law. The last part of this chapter deals with the issue how law regulates sport and how the frontier between sporting rules and legal...
Legal liability: theoretical and comparative analysis of pure economic loss
Takáčová, Dominika ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
LEGAL LIABILITY: THEORETICAL AND COMPARATIVE ANALYSIS OF PURE ECONOMIC LOSS The purpose of my thesis is to introduce the concept of pure economic loss and its setting in the jurisdictions of France, England, Germany and the Czech Republic. The comparative study of pure economic loss reveals that granting compensation for economic loss frequently interferes with the economic loss rule (or exclusionary rule), which states that a plaintiff can not recover damages for a pure financial loss. Legal doctrines provide little insight as to why liability should, or should not, be denied. On the other hand, economic models of liability provide some valuable guidance for classifying various categories of economic loss, and identifying cases in which denial of recovery for economic loss would lead to inefficient outcomes. A law and economics analysis shows that a key factor in determining the optimal scope of the economic loss rule is in the relationship between pure economic loss and social loss. Economic loss should be compensable in torts only to the extent that it corresponds to socially relevant loss. A plaintiff cannot recover damages for a purely private economic loss. Our hypothesis is that, although not formally adopting this economic criterion, European courts are attentive to efficiency...
A theoretical conception of liability in private law
Janeček, Václav ; Beran, Karel (advisor) ; Holländer, Pavol (referee) ; Elischer, David (referee)
(English) What is liability?1 This "big" question has proven to be too tough for many private law theorists during the past 60 years. A dominant Czech approach to liability is the so-called theory of sanction: liability is a secondary duty imposed due to breach of a primary duty. At the same time, however, liability is conceptualized as an active institute, i.e. as liability to fulfil an obligation. This implies a specific "Czech" problem of liability: a paradoxical situation where a man can be liable because he was sanctioned, and also be sanctioned because he was liable. Liability in this sense seems to be an inherently flawed and meaningless concept, since both theories aspire to describe liability to the same extent (co-extensively). The most recent trend in Czech legal theory is thus a sceptical approach that completely eliminates the concept of liability from legal discourse. This is contrary to an ongoing and presumably meaningful debate on liability in foreign non-Czech literature that supports the most recent analytical and normative approaches to European legal regulation and its developments. Unlike in Czech language, this literature treats liability (Haftung) and responsibility (Verantwortung) as two discrete concepts. But why is this so? Wher does the "Czech" problem of liability come...
Theoretical concept of the doctrine of piercing the corporate veil with regard to the creditors' rights
Sobotová, Dana ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
The aim of this thesis was to clarify the doctrine of piercing the corporate veil, in particular its merits, its origins, its development during the twentieth century and its projection into the Czech law, focusing not only on the legal but also on the economic aspects of this doctrine. The first chapter deals with the theoretical concept of a corporation and its subjectivity. The assets of a corporation are separated from personal property of its shareholders by the imaginary corporation's veil. Judicial practice has gradually created the doctrine of piercing the corporate veil which serves as a corrective to the principle of separation of the assets of the corporation from the assets of its shareholders in cases where the duration of the statutory adjustment would lead to manifestly unfair conclusions, thus allowing creditors, in exceptional cases, to reach the assets of the shareholders. The second chapter deals with development of the doctrine of piercing the corporate veil, especially when and under what conditions the courts have come to use it. It includes an analysis of individual cases and different approaches to them; from approaches that are mostly intuitive to those where their representatives are trying to formulate specific rules. The third chapter summarizes current main approaches...
The Theoretical Concepts of Rights and Their Protection in Cyberspace
Jirková, Veronika ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
of Master's Thesis The Theoretical Concepts of Rights and Their Protection in Cyberspace Author: Veronika Jirková Supervisor: doc. JUDr. Karel Beran, Ph.D. Department: Department of Legal Theory and Legal Doctrines This master's thesis is focused on questions regarding the concept and protection of users' rights in cyberspace. This thesis concerns the notion of cyberspace, regulatory systems in it, and finally the extent and protection of rights in cyberspace. The aim of this thesis is, first, to analyse the situation of protection of rights in cyberspace, and second, to identify the ways to improve this situation. This thesis is subdivided into four parts. The first part is of descriptive nature. It covers some fundamental concepts related to the topic. It describes the notion of cyberspace, the notion and structure of the Internet and the actors who play a role in governance of the Internet. The second part is aimed at regulatory systems. It describes regulatory systems in both online world (cyberspace) and offline world. These two groups are then compared. Finally, this part demonstrates the impact of the identified discrepancies on practical examples. The third part relates to the extent of rights in cyberspace. It tries to choose an appropriate theoretical method and it discusses the...
The legal nature of a trust (legal and comparative analysis)
Urban, Ondřej ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
59 ENGLISH ABSTRACT The purpose of this thesis is an interpretation of English trust law, including historical context and comparative application of the acquired knowledge on the Czech legal institute of "svěřenský fond". A critical assessment of the legal regulations governing "svěřenský fond" is followed by theoretical consideration of its legal nature. The work, except the introduction and conclusion, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust. The reader will become familiar with the Roman fideicomissum, the English legal institute called "use" and its influence on the emergence of the law of equity. She will also learn how use turned into trust and what the economic reasons for such a change were. The second part defines the English trust, describes it and clarifies the three main conditions for its creation under applicable law - the three certainties. Further, it will explain who the settlor, trustee and beneficiary are, along with their rights and obligations. It also focuses on the three main types of trusts. Express trusts, created by an act of the settlor and the resulting and constructive trusts, which are created by decision of the courts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil...

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2 BERAN, Karel
1 Beran, Kamil
1 Beran, Karel,
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