National Repository of Grey Literature 672 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Social favours and other liberalities in Czech private law
Pražák, Petr ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This thesis is focused on voluntary acts of generosity that do not give rise to any mutual obligation (liberalities), but which are, however, often very similar to it. This thesis first concentrates on the concept of liberalities in the existing literature and case law. The results from this search show that liberalities have not been given much attention so far and that even basic conceptual issues, such as relationship between liberalities and main institutes of private law (juridical acts, contracts, obligations), have not been properly resolved. According to some concepts, liberalities are acts of low pecuniary value and have no legal consequences (and hence no legal significance), while, according to other concepts, liberalities may have high pecuniary value and legal significance. According to some concepts, the expressed intention of the acting person and its perception by the addressee is decisive to distinguish liberalities from obligations (or juridical acts), while, according to other concepts, the objective circumstances in which the persons act are decisive. Last but not least, this thesis focuses on the precarious loan. For a long period of time, the precarious loan has been non-binding agreement. However, since the entry into force of the Act No. 89/2012 Coll., it is systematically...
Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
Guardianship and other forms of care of minors
Fidrmucová, Anna ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee) ; Spoustová, Ivana (referee)
Guardianship and other forms of care of minors Abstract The objective of this thesis is to analyse the legal possibilities in problematic situations when parents are not capable of caring for their children due to objective or subjective barriers on their sides. These possibilities are enshrined in the second part, Title III., § 928 - § 975 of the Civil Code of the Czech Republic. In order to derive recommendations for the Czech legal system, particularly with regard to the work overload of judges for minors in the Czech Republic, these regulations will subsequently be compared to the legal situation in France which is mainly determined by the Code civil and the Code de l'action sociale et des familles. The comparison namely includes critical juxtapositions of tutorship, curatorship, entrusting a child to the care of another person, foster care and placing a child in the children's home. Hereby, the content, purpose and requirements of the legal bases for these areas in both countries are presented and contrasted. Thus, the differences are highlighted, evaluated and analysed with regard to the effectiveness and the level of protection of rights which is assured in the countries. This thesis is divided into fourteen chapters, starting with the first two chapters covering the topics tutorship and curatorship...
The Elements of Liability for Damage under Civil Law
Novák, David ; Dvořák, Jan (advisor) ; Doležal, Tomáš (referee) ; Frinta, Ondřej (referee)
1 Abstract The objective of this thesis is to analyse the liability in civil law, mainly from the prospective of individual preconditions that together result in such liability for inflicted harm. The text is divided into nine parts including introduction and conclusion. The first part comprises the analysis of the legal term of liability from the prospective of existing theoretical concepts, then the approach as set forth under Act no. 89/2012 Sb, Civil Code, as amended (hereinafter referred to as "Civil Code") and the author's own approach is presented at the end of this part. The next part discusses in details the preconditions of liability for harm and then the sets of preconditions that together result in such liability are analysed. The author calls these sets as liability systems, as they are actually a variant of the objective and subjective liability. A separate chapter is dedicated to the objective liability. A separate chapter is also dedicated to the division of types of liabilities such as for defects, harm, default, etc., as this is crucial for the discussed topic. Next parts focus on individual preconditions for liability for harm, namely on violating legal obligations and relevant damage, harm, causality and fault as on the precondition typical for subjective liability, i.e. liability for...
Relations of research outputs and projects: NUSL, R&D Information System and OpenAIRE
Černohlávková, Petra ; Dvořák, Jan (advisor) ; Souček, Jiří (referee)
The thesis aims to explore and describe the relationships between scientific results and research projects, both in general and in three given sources: the National Repository of Grey Literature (NUSL) in the Czech Republic, the Czech Research, Development and Innovation Information System (IS VaVaI) and OpenAIRE. The theoretical part presents relationships between results and projects in the field of research information in the Czech Republic and the EU, as well as the Levels of Conceptual Interoperability Model (LCIM) and its application to the relationships between results and projects. Furthermore, the thesis examines the analyzed resources in terms of acquisition, technical processing and interoperability of links between results and projects. The research part quantifies the presence of these links in the given sources, examines the multiplicity of the links to projects, and a possible dependence of the occurrence and quantity of these links on language and type of the research results.
Selected Issues of Condominium
Koreňová, Lucie ; Thöndel, Alexandr (advisor) ; Dvořák, Jan (referee)
Selected Issues of Condominium Abstract This work deals with selected issues related to the condominium in the civil code (the act No. 89/2012 Coll.) and related legislation, especially with those whose interpretation is controversial. Initially the thesis analyzes the question whether the civil code has brought any changes to conception of the institute of the condominium, mainly with respect to its subject which in Czech legal environment traditionally consists of an apartment on one side and of common areas on the other. Subsequently the thesis analyzes a new conception of the unit as the essential term of the institute of the condominium, and this conception is compared with the previous regulation contained in the Flat Ownership Act. The next part of the thesis is devoted to common areas which are specified in two legal acts since 2014, namely in the Civil code and in the Government order No. 366/2013 Coll., on the regulation of certain issues related to the condominium. Except for the mere specification of common areas, this part of the work analyzes the question whether the enactment of common areas contained in Government order is mandatory or non-mandatory. The next part of the thesis is focused on some issues in the legislation of the owner of the building declaration which the Civil code newly...
Damage caused by a defective product - Analysis of the European union regulation in the light of its Czech and French transposition
Mocek, Ondřej ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis quite thoroughly deals with - at present a very topical - theme "liability for damage caused by a defective product"; thus, with an obligation to compensate for the damage caused by the defective product to its user (or third party), generally imposed on the person who is designated as the "producer" of the product, originally based on the Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) (hereinafter 'Directive 85/374/EEC'). However, this work is not limited only to the (thorough) description of the currently valid and effective Czech implementing legislation. The thesis also compares the Czech legislation with the French implementing regulation, which is of a significantly higher legislative quality and much more faithful to its Union model. In fact, it was specifically France which shaped the final form of this responsibility regime, since it was the French transposition, and the French decision-making (judicial) practice, which was most often the subject of the Court of Justice's, as it ruled on the interpretation of the individual provisions and principles in the text of the previously mentioned directive contained. Nevertheless, France,...
Pre-Emptiv Right in the Civil Code
Harapát, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Pre-Emptive Right in the Civil Code Abstract This thesis deals with the institute of pre-emptive right both in theoretical terms and in valid legislation. The main objective of this work is to describe the institute of pre-emptive right in such a way that it is possible to draw attention to the issues which arise in connection with this institute and to outline possible solutions where appropriate. However, in order to describe the practical aspects of the pre-emptive right, it is also necessary to describe the pre-emptive right in theoretical level. Following the objectives set, the work is divided into five chapters. The first chapter of the thesis deals with the theory of pre-emptive right where space is left to some theoretical constructions, with the theory defining five possible constructions in particular. The work also describes possible motives leading to the negotiation of the pre-emptive right, which can be divided into motives of the defence and motives leading to the acquisition. Furthermore, the elements of the pre-emptive right and its division are described. The second chapter serves as the theoretical basis for the next chapters. The second chapter deals with the origin of the concerned institute and its historical development in civil codes, and part of this chapter discusses other pre-...
Causation in the European Context
Hrycejová, Markéta ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Causation in the European Context Abstract The aim of this thesis is to provide an insight into the issue of causal link legislation in the European context. The author does not limit herself to an applicable Czech legislation, but also to the regulation pursuant to Principles of European Tort Law (PETL). An important part of this thesis is devoted to the relevant case law concerning causal link. The first part of this thesis contains an interpretation of the concept of causality in the context of non-legal sciences. Furthermore, the author generally deals with liability for damage and each of its presumptions. The second chapter analyses the legislation pursuant to the Civil Code, respectively the Code of Civil Procedure. It also includes a detailed analysis of the Czech courts' case law and recourse into the loss of chance doctrine. The third chapter deals with legislation under PETL, the fourth chapter provides an insight into the concept of causality in selected European countries (England, France and Germany). Finally, the author compares the legislative differences between the "European" and Czech regulation and she also deals with the issue of legislation de lege ferenda. The focus of this thesis is mainly the analysis of case law related to the causal link matter, since the relevant decision-making...
Free Software and Cooperation as a Course for Development of Czech Librarianship
Jansa, Václav ; Nič, Miloslav (advisor) ; Dvořák, Jan (referee) ; Sklenák, Vilém (referee)
The dissertation focuses on the use of free software in Czech libraries. Both real practice and librarians' attitudes to this type of software are analyzed. The main goal of the dissertation has been to evaluate the attitudes of Czech libraries to free software, to analyze its use in practice, to design information and communications strategy for free software project and to implement it using Evergreen as an example project. In order to achieve the goals, both qualitative and quantitative research methods have been used. These included a survey, web data gathering and analysis and also case studies. The devised and implemented information and communications strategy consists of eight main parts (setting up a local community, creating communication tools, organizing seminars, Czech localization, the creation of first common catalogues, making documentation publicly available, active involvement in the international community and establishing a legal entity to improve awareness about free software among librarians) which are complemented with a SWOT analysis evaluating the strategy implementation.

National Repository of Grey Literature : 672 records found   1 - 10nextend  jump to record:
See also: similar author names
76 DVOŘÁK, Jan
43 DVOŘÁK, Jiří
23 DVOŘÁK, Josef
5 Dvorak, J.
5 Dvořák, J.
28 Dvořák, Jakub
1 Dvořák, Jan Bc.
5 Dvořák, Jaromír
14 Dvořák, Jaroslav
3 Dvořák, Jindřich
43 Dvořák, Jiří
1 Dvořák, Jiří Ing.
23 Dvořák, Josef
76 Dvořák, Ján
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