National Repository of Grey Literature 156 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Conduct of non-banking providers of consumer loans from the perspective of unfair competition
Chadimová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
1 Behaviour of non-bank consumer credit providers in terms of unfair competition Abstract The thesis deals with the issue of providing consumer loans by non-bank providers of consumer loans in terms of the correctness of their actions in selected areas of their activities. The aim of this work is to assess selected typized behaviour of non-bank providers of consumer loans in terms of the possibility of committing (both) unfair commercial practices and unfair competition. The author thus examines the behaviour of these entities in connection with their information duty and the duty to assess creditworthiness of consumers. In the area of information duty, it focuses more on the pre-contractual information obligation for non-bank consumer credit providers and the obligation for these entities to inform consumers of the annual percentage rate of charge. The subject of the thesis is also an assessment of possible concurrent responsibility of non-bank providers of consumer credit for committing unfair commercial practices and unfair competition. The sanctions provided for by the Consumer Credit Act are also taken into account. The author also describes the development of legislation in defined areas, where the work includes a comparison of current and previous legislation on consumer credit. The thesis contains...
Public procurement below the lowest threshold
Bartošová, Monika ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Public procurement below the lowest threshold This thesis describes and analyses the legal regulations and practice in the Czech public procurement below the lowest threshold. In particular, it focuses on the principles governing the procedures, i.e. transparency, proportionality, equality and non-discrimination. The first chapter deals with the purpose of the Czech Public Procurement Act, the concept and development of the legal regulation of public procurement below the lowest threshold emphasising the financial limits of the contract's value, which separates these public contracts from other procedures. The second chapter deals with the principles that apply to public procurement which represent the source for the regulation of public procurement below the lowest threshold. The law does not define their precise meaning, leaving it to the case law, decisions of the public authorities and opinions of the experts. These principles are necessarily conncected to the principles of financial management known as the 3E. The third chapter focuses on the procedure of contracting authorities during the public procurement. Since contracting authorities may, with certain restrictions, create their own rules for the procedure, the chapter contains examples and evaluation of these regulations of the individual...
New legal regulation of covered bonds: Have we reached the European standard?
Jonášová, Denisa ; Čech, Petr (advisor) ; Liška, Petr (referee)
New legal regulation of covered bonds: Have we reached the European standard? Abstract The subject matter of this thesis is regulation of covered bonds, as a newly introduced category of debt securities in Czech law. The thesis aims to analyse selected aspects of the new regulatory regime through its fundamentals, as well as shortcomings and imperfections of the previous regulatory regime. In order to answer the question of what the European standard is and whether it can be unequivocally determined on the basis of analysis of the relevant European legislation, it also describes basic features of the European regulation. Besides the European Union's point of view, the thesis also reflects the way in which is the issue of proper regulation dealt with at the national level. The thesis is divided into four main parts. The first part defines the term covered bond and provides with a broader context of securities law, including the history of covered bonds. The thesis further identifies the main differences between covered bonds and other debt securities that are closely similar to covered bonds (i.e. secured notes, asset-backed securities and unsecured senior notes). The second part focuses on the European approach towards regulation and further determines four main features of the regulation of covered bonds....
Boilerplate contracts made by an entrepreneur
Válek, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Entering into contracts of adhesion by entrepreneur Abstract This thesis is focused on the topic of entering into contracts of adhesion by entrepreneur. It is an agreement that allows one party no bargaining power, typically to the weaker party and though is limited only to accept it or to reject it. In this thesis I pursue to describe problematics of adhesional contracts in detail focusing on specifics related to entrepreneur and possible lack of legislation. At the end of this thesis i describe the benefits of this institute and it's possible future evolution. Key Words Contracts of adhesion, Standardize form of a contract, clauses, freedom of contract, weaker contractual party, entrepreneur
Bills of exchange as a hedge fund
Čejka, Radek ; Čech, Petr (advisor) ; Liška, Petr (referee)
Bills of exchange as a hedge fund Abstract In the past, a bill of exchange was linked to a payment instrument. It is not only the first ever security but also the predecessor of paper money. In the course of economic-sociological development, it was found that the promissory note could also serve as a hedging instrument within the framework of a contractual legal relationship. By gradually evolving, this hedging function became dominant and de facto displaced the bill of exchange function as a means of payment. Although the payment function has not explicitly disappeared, it is currently less used and the promissory note is dominated by the promissory note. Mostly, the notion of a promissory note is linked to its hedging function between the general public and the professional public. This thesis is divided into twelve chapters. In the first chapter I describe what a promissory note is and that it is a security. The second chapter is devoted to the description of bills of exchange in terms of their historical development, where the bill of exchange apparently originated, and mainly, why it was created and who used it. In the third chapter I describe the basic distribution of bills of exchange and the fact that the bill of exchange serves as a means of payment, as a payment instrument, or as a security...
Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations)
Král, Tomáš ; Čech, Petr (advisor) ; Liška, Petr (referee)
Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations) Abstract The thesis deals with time of performance of an obligation from the perspective of private law and focuses on entrepreneurs' obligations. The aim of the thesis is to provide a comprehensive description and analysis of the topic. Time of performance is analysed while employing functional approach and its relationship with other legal institutes is emphasized. The thesis is divided into five chapters. It starts with general subjects and ends with the special ones. The first chapter provides a general introduction to the topic. Time of performance is classified within the law of obligations and its functions are analysed. Then there is a comparative excursus, which is made use of later in the thesis, that focuses on prerequisites of remedies for non-performance. The thesis then focuses on terminology (time of performance, maturity, ability to perform) and on the concept of time in the field of law. In the second chapter, cases where time of performance is determined in advance (Section 1958 para. 2 CC) are analysed and particular sources of time of performance are illuminated. The third chapter deals with cases where time of performance is not determined in advance and depends either 1) upon the will of a creditor (Section...
Specific aspects of sector public procurement
Beran Kulhavý, Daniel ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
1 Specifics aspects of sector public procurement Abstract This diploma thesis describes the Czech legal regulation of sectoral public procurement. The aim is to provide a comprehensive view of this issue. Legislation of sectoral public procurement is a sector of public procurement law which is also specific in that it also affects private entities. The thesis is divided into two basic parts. The first part describes the key topics of awarding sectoral public procurement. There is described the principle of determining the sectoral public contract, the difference of this concept compared to the previous legislation, the identification of persons who can become public contracting authorities and the definition of other terms that are typical for sector public public sector contracts. Furthermore, the issue of relevant activities in the gas, heating, electricity, water, transport, land use areas, airport and port services, postal services and mining is described in detail. The analysis of related case law is also described in the context of determining relevant activities. The second part analyses the special provisions for the award of sectoral public contracts public sector contracts, which is regulated by special provisions against the general regime. Particular attention is paid to the exceptions for...
Aggressive commercial practices against competitors
Svobodová, Michaela ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Aggressive commercial practices against competitors Abstract This thesis deals with aggressive business practices against competitors. Its aim is to define the concept of aggressive commercial practices against competitors and to subsume under this term, merits of unfair competition defined by law and selected case law merits of unfair competition, which fulfill the definition. The next objective is then the interpretation of the individual merits of unfair competition. The first part of this thesis defines the term competitor and divides unfair commercial practices in two ways, namely based on their impact (against competitors and against customers) and based on the qualitative side of the practice (aggressive and deceptive). The Unfair Commercial Practices Directive has been used as a guideline for these divisions. Furthermore, this section includes a discussion of whether the misleading commercial practices against competitors exist and is concluded with the definition of aggressive commercial practices against competitors. In the second part, the general clause of unfair competition is analyzed, the interpretation concentrating on those aspects of the term that have an impact on the practices falling under the aggressive practices against competitors term. The third part deals with the merits of unfair...
Legal aspects of state property management
Štancl, Michal ; Liška, Petr (advisor) ; Dvořák, Tomáš (referee) ; Marek, Karel (referee)
Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a tři klíčová slova v anglickém jazyce Title: Legal aspects of state property management Abstract: When acting in the field of private law, State has the quality of a legal entity. However, State is a legal entity of its own kind. It has an immanent double nature and consequently it doesn't cease to stand on the border of private and public law. The principle of legality doesn't apply to State as a private law actor, which means that it can do even what is not explicitly permitted by the law. On the other hand, State cannot fully exploit autonomy of its will because its legal actions are rigorously predestined by the rules setting clear limits to it. Those limits in form of restrictive dispositions are addressed directly to organizational units of the state and state organizations and their purpose is to ensure efficient and economical management of state property as it is in the public interest. This dissertation aims to analyse the individual elements of property relations of the State. The most important subject in those relations is State itself. Nevertheless State cannot be regarded as one compact and confluent unity. On the contrary, its internal structure is crucial. The effects of internal structure of the State on the property...
The status of persons placing public contracts in specific sectors
Kolář, Filip ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
The status of persons placing public contracts in specific sectors Abstract The topic of the thesis is the position of the utilities contracting authority. Although the new regulation, ie Act No. 134/2016 Coll., On Public Procurement, as amended (the "Act") does not explicitly include the term "utilities contracting authority", the concept of public procurement regarding utilities has remained de facto preserved. To emphasize not only this but also some other vital facts, the thesis compares the contemporary legislation with the previous legal regulation of the matter. At the same time, the thesis attempts to take a comprehensive approach to the area of public sector (utilities) procurement and its specifics, in particular through comparisons of legislation affecting the award of utilities public procurement and oteher public procurement in general. In the first part of the thesis I define concepts that are fundamental to the subject of this thesis, ie terms such as "contracting authority", "public contract", "dominant influence", "special or exclusive rights"or "relevant activity. Other parts of the thesis are devoted mainly to utilitis specifics and "reliefs". Gradually, I first draw attention to the obligation of the contracting authority to award only an above the treshold utilities public procurement...

National Repository of Grey Literature : 156 records found   1 - 10nextend  jump to record:
See also: similar author names
4 LIŠKA, Pavel
13 LIŠKA, Petr
4 Liška, Pavel
13 Líska, Petr
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