National Repository of Grey Literature 195 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Unsolicited advertising in Czech and German law
Vacková, Linda ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Unsolicited advertising in Czech and German law This thesis, entitled "Unsolicited advertising in Czech and German law", comprehensively analyses the issue of unsolicited advertising in the legal system of the Czech Republic and the Federal Republic of Germany. Unsolicited advertising represents a certain interference with the personal or commercial sphere of its addressee or third parties, and in the context of the development of modern means of communication appears increasingly and in various forms. Even though advertising in general is a reflection of freedom to conduct a business and freedom of expression, its legal regulation is needed, especially in case advertisement is undesired and harassing. The text of this thesis is systematically divided into four consecutive parts. The first part constitutes an initial reflection on the need and reason for a legal regulation of unsolicited advertising. The second part is divided into four chapters and provides the basis for regulation of unsolicited advertising and an outline of its current form. The first chapter deals with the historical background of regulation of unsolicited advertising. The second chapter places unsolicited advertising into a wider legal framework of constitutional law. In the following third chapter the issue of unsolicited...
Decision-making by the statutory body in the relation to the capital company's internal affairs
Tomášek, Petr ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee) ; Horáček, Vít (referee)
Decision-making by the statutory body in the relation to the capital company's internal affairs Abstract This dissertation considers the issue of decision-making by the statutory body in relation to the internal affairs of a capital company. The second chapter analyses existing case law concerning the concept of business management and compares it with doctrinal sources. In this context, business management is distinguished from other areas of responsibility the statutory body has in relation to the company's internal affairs. It also assesses to what extent the designation of business management as an internal branch of power is truly appropriate. The subsequent chapter discusses the competencies of the general meeting which directly affect the area of making business decisions; namely the amendment of articles of association, the approval of substantial property transactions and the power of general meeting to lay down the basic principles of how the business is managed. The fourth chapter is about the boundaries arising from the very notion of business management as compared to doctrinal sources and the practice of the courts. It draws conclusions from own research as well. In the fifth part of the dissertation, the process of decision-making in regard to business management is analysed. In particular it...
Public procurement in the fields of defence and security after adoption of the Act on awarding public procurement and comparison with the previous legislation
Herout, Štěpán ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Public procurement in the fields of defence and security after adoption of the Act on awarding public procurement and comparison with the previous legislation Abstract This thesis is focused on the analysis of the legal regulation related to public procurement in the fields of defence and security. Major part of this thesis is devoted to specific rules for the public procurement of defence and security contracts. However, a significant amount of space is also devoted to selected provisions, which are not listed in Book Ninth of the Act no. 134/2016 Coll. on Public Procurement, and yet they are significantly related to the issue of defence and security. For a comprehensive and sufficiently detailed analysis of the relevant legal area this work draws not only from the personal experience of the author of this thesis with the topic, but also from doctrinal literature, but also from case law of the Office for the Protection of Competition, the Regional Court in Brno, the Supreme Administrative Court and also from selected decisions of European case law. Since the issue of public procurement in the fields of defence and security has undergone significant changes in relevance with the adoption of Act no. 134/2016 Coll. on Public Procurement, this thesis contains in the relevant chapters a comparison of the...
The relations within a group of companies with regard to the compensation of damage withit the group
Bednář, Marek ; Horáček, Vít (advisor) ; Černá, Stanislava (referee)
This thesis deals with the legal regulation of corporate group relations, especially compensation of harm resulting from a lawful act, compensation of economic loss and damages. These institutes are very often connected to other branches of law, which are above all insolvency law and financial law. Then they usually are connected to different areas of company law, for example piercing of the corporate veil, shadow director, wrongful trading and corporate governance. These other branches of law and other areas of company law are not corresponding to the topic of this thesis, so they will not be analyzed in this thesis. For more information about the above mentioned I refer to professional literature and journal articles. Next will be the analysis of the new commercial corporations bill in the light of the topic of this thesis, with the author's view on this bill. This bill was proposed to the government of the Czech Republic after a consultation on the draft bill in the year 2008, and the Government now is to discuss this bill. In the end there will be my own proposal on new changes of the corporate group regulation in the context of this thesis. In this thesis are used methods of analysis, ordinary and extraordinary law interpretation and in some cases comparative methods. So this thesis aims at the...
A comparison of the legislation regulating membership in, and bodies of, a residential cooperative and the legislation on a unit owners association
Mravec, Tomáš ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee)
Resume A comparison of the legislation regulating membership and bodies of a residential cooperative and the legislation on a unit owners association The purpose of my thesis is to analyze any issue of Czech legislation regulating membership and bodies of a residential cooperative and the legislation on a unit owners association, and also, if there are some questionable points, carry out a research. The reason, why I chose this subject matter, is that many people have to deal with housing law in their lives, so I thought it would be useful to provide the summary referring to this area of law. The thesis comprises of seven main chapters, each subdivided into several parts. Chapters One and Two are introductory and make a definitions of the basic elements of Czech housing law. The First chapter focuses on history of housing law especially transformation in 1992. The Second one describes basic elements of Czech housing law, its functions and acts governing the whole subject. Chapter Five and Six represent the main subject of the whole thesis. The membership of a residential cooperative and unit owners association is analyzed herein. It also refers to the bodies of a residential cooperative and unit owners association. Chapter seven is relating to dissolution of a residential cooperative and a unit owners...
A comparison of Czech and German legal regulation of unfair competition with regard to european law
Vacková, Linda ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The topic of this diploma thesis is legal regulation of unfair competition law, namely comparing Czech and German law in reference to EU law. Unfair competition law, one of the two branches of competition law (economic competition law), is a body of law prohibiting particular conducts in economic competition and setting out sanctions for a violation of these prohibitions. The central term of the entire thesis - unfair competition contains those cases in which someone abuses and deforms competitive environment in an unfair way. Unfair competition may be defined as a competition which someone spoils, hides something, or behaves in a dishonest, immoral, or unsatisfactory manner. This thesis is divided into four chapters. In the first chapter the purpose of this thesis, a reason of having regulation of competition law as well as legal terms and definitions are laid down. The terms of competition in general, economic competition, competition law, and unfair competition are introduced. Furthermore, the second chapter is to present relevant legal sources of unfair competition law. It deals with constitutional bases, primary legislation, and EU law. The topic of the third chapter aims to introduce a vertical and horizontal competitive relationship. It is set out the meaning of legal persons which...
Legal regulation / legal aspects of a limited liability company in the Czech Republic and in the Republic of Poland
Niedoba, Michał ; Horáček, Vít (advisor) ; Čech, Petr (referee)
In this thesis I compare selected aspects of the legislation of limited liability companies, both in Czech and Polish law. This thesis is divided into five chapters. In the first chapter I concisely outline the historical development of the legislation of limited liability companies. I describe its origins and specifics, both in Czechia and Poland. In the second chapter I talk about limited liability companies as a concept of positive law. I have included this chapter in the thesis so I could describe the legal foundations of limited liability companies in both jurisdictions. In this chapter I also aim to concisely describe the basic law provisions, especially regarding the Business Corporations Act and "kodeks spółek handlowych", which are concerned with this company type. I try to find similarities and differences in the understanding of limited liability companies in both jurisdictions. The third chapter concisely summarizes the influence of European legislations on the individual nation legislations of limited liability companies. In this chapter I demonstratively list the directives both Czechia and Poland have implemented into their legislations. In the fourth chapter I describe the identifying attributes of limited liability companies. The chapter begins with business names, which is then...
Abuse of Dominant Position in the ICT Sector: A European Perspective
Malkovský, Michal ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Abuse of Dominant Position in the ICT Sector: A European Perspective Abstract The concept of abuse of dominant position refers to business practices in which a dominant market player may engage in order to maintain or strengthen its position in the market, and are prohibited under Article 102 of the Treaty on the Functioning of the European Union. This master's thesis provides insight into theory and decisional practice of abuse of dominant position within the EU with particular focus on the area of information and communication technologies (ICT). The ICT industry belongs among the fastest developing, with many new powerful market players emerging, often creating entirely new markets for themselves. This is where a potential risk for an abuse of dominance occurs and why many of the breakthrough cases in the previous years have been related to this sector. Since not only their products but also their business models are innovative, the competition policy must advance accordingly. This thesis firstly introduces the economic background and the policy objectives of contemporary EU competition rules. It is followed by a step-by-step examination of the assessment on the position of the investigated firm in the relevant market and the legality of the practice in question. Highlighted are the aspects which have...
Non-conventional signs and trade marks
Uhrinová, Zuzana ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
(Eng) The submitted master's thesis discusses non-conventional signs and trade marks, which have grown in significance, especially from the perspective of marketing, traders and law, as was demonstrated by the recent amendments of the European trade mark law. The main aim of this thesis is to identify the particularities of non-conventional signs and obstacles to their registration from the perspective of the selected jurisdictions and consequently, to evaluate the reasons and justifications of the countries' approach. After a historical overview of trade mark functions and the development of law in the studied jurisdictions, the thesis is concerned with outlining the theoretical legal basis of trade mark protection in the European Union, Canada, Australia and the United States of America. The main focus of the thesis lies in the specific effects of the law on the individual types of non-conventional signs and trade marks, with a particular emphasis on the decisions of offices and courts, especially the Court of Justice of the European Union. The analysis includes sounds, scents, shapes and colours, as well as motion marks, holograms, position marks and tactile signs. The main part of the thesis is subdivided into several sections in order to grasp the particularities and singularities of each type...
Modification of a Public Contract
Chlupáč, Martin ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Modification of a Public Contract This thesis deals with the regulation of modifications made to public contracts during their term. Its aim is to critically analyse the legal regime for modifying public contracts in light of the law of the European Union (especially Directive 2014/24/EU on public procurement) and of the Czech Republic (The Public Procurement Act No. 134/2016 Coll.). The thesis consists of three chapters. The first chapter focuses on the development of the regulation on public contract modifications from the view of both the EU and Czech prospective, and emphasizes the importance of the so called Pressetext judgment issued by the Court of Justice of the European Union. The second chapter represents the most important part of the thesis, inasmuch as it critically analyses the applicable law. It is divided into two parts. The first one contains an analysis of substantial modifications to public contracts in light of the related case law. In the second part of this chapter, I try to pinpoint interpretation problems that are connected with the new provisions which define situations, in which the modification is to be regarded as non-substantial, and therefore does not trigger the need to commence a new public procurement procedure. The third chapter provides an outlook on how two other...

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See also: similar author names
2 Horáček, Vilém
1 Horáček, Vojtěch
2 Horáček, Václav
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