National Repository of Grey Literature 249 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Duty of care, skill and dilligence in Czech court case law
Klusáková, Barbora ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
1 Abstract The purpose of the diploma thesis "Duty of care, skill and dilligence in Czech court case law" is to analyze the case law of the Czech courts with regard to the legal regulation of the institution "duty of care" and to the opinions of the legal doctrine. The thesis consists of three main chapters. The first chapter deals with the theoretical and historical bases of the care of a proper manager, it encounters especially the issues of corporate governance and the Roman and Czech historical development of the term. The second chapter is focused on the current concept of proper managerial care and its partial aspects. The argumentation of the court with regard to the conclusions of the legal doctrine is analyzed and criticized in more detail. The last chapter presents the institute of the rule of business judgment, corrective standard of care. Its principles and conclusions of the court are examined in more detail. The analysis showed that the case-law conclusions of the Supreme Court of the Czech Republic are applicable even after changes in the legal framework within the recodification of private law, albeit with minor exceptions. In particular, the case law of the Criminal Senate and some of its conclusions are criticized. Nevertheless, it can be summarized that we can rely on the interpretation...
Registration and Use of Domain Names in Unfair Competition
Zajíc, Jan ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Registration and Use of Domain Names in Unfair Competition The subject of this diploma thesis is the application of Czech law concerning unfair competition to the unfair competition practices related to registration and use of domain names, in particular to the unfair competition practices of cybersquatting. The aim of the thesis is examining questions whether the Czech legislation provides an effective instrument for ensuring legal recourse to the practices concerned. In order to solve the stated issue, the author of the thesis describes in the first chapter, mainly by the descriptive method, the necessary technical basis of domain name problematics and registration, in the second chapter defines the legal nature of a domain name and related rights considering the recodification of civil law, in the third chapter the author analyzes mainly by the descriptive method the legal grounds of EU legislation on competition, the form of regulation and its influence on the national regulation of unfair competition. The fourth chapter examines the general provision of unfair competition and analyzes whether the general provision is correctly interpreted and applied by courts to unfair competition practices of cybersquatting, particularly whether the courts correctly interpret the concept of the normative...
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...
Private juridical persons as persons having duties under the Act on Contract Register
Maier, Václav ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Private juridical persons as persons having duties under the Act on Contract Register Abstract The aim of this thesis is to provide a comprehensive analysis of the rights and obligations arising from Act No. 340/2015 Coll., on the Contract Register, for private juridical persons, focusing mainly on the interpretative problematic provisions of the Act on the Contract Register which are applicable to private juridical persons. The thesis is also focused on provisions that are not yet sufficiently interpreted by any reference literature or by the case law but are absolutely crucial in terms of their impact on rights and obligations of private juridical persons. This thesis is divided into eight chapters. The main topics of the thesis are the possibilities and conditions of application of selected exceptions from the publication obligation, the information not published in the respective contracts and the consequences of not publishing a contract subject to publication in the contract register, including ways to solve situations caused by cancellation of the contract from the beginning. The first chapter is due to the compactness of the thesis devoted to brief analysis of the characteristics of the mandatory published documents in the contract register, including the mandatory forms of the documents, with...
Legal regulation of content of B2C contracts (from the perspective of consumer protection)
Opolzerová, Kristýna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
1 Legal regulation of content of B2C contracts (from the perspective of consumer protection) Abstract This diploma thesis is dedicated to the legal regulation of the content of the consumer contract from the perspective of the consumer. In particular, the thesis is aimed at the adjustment of the unfair terms regulation which analyses profoundly. The transposition of the European regulation and possible shortcomings are evaluated. The thesis is divided into six main chapters, which develop the topic from general basics to the specific aspects of the consumer protection against unfair terms used by the entrepreneurs. The first chapter deals with the consumer protection in general, presents the main characteristics of consumer law and outlines the most important sources of legal regulation, including constitutional principles. The second part specifies the essential definitions related to the topic and used throughout the diploma thesis. The emphasis is given to the problems associated with the concepts of consumer contracts and entrepreneurs and consumers as contractual parties. The third chapter looks id detail into the subject of unfair terms when it comprehensively deals with the general definition of unfair clauses in the Unfair Terms Directive and the Civil Code. The emphasis is given to the each...
Disparagement as the facts of unfair competition
Mokřížová, Denisa ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Disparagement as the facts of unfair competition This master's thesis titled "Disparagement as the facts of unfair competition" deals with various aspects of the legal regulation of this unfair competition practice which is regulated by Act No. 89/2012 Coll., The Civil Code. The thesis also deals with the development of legal regulation in Czech territory, introduces the topic into the European context and compares some partial aspects with the Dutch law. Disparagement is understood to mean an act by which a competitor states or spreads false statement about the situation, performance or product of another competitor, where such a statement can cause harm to that competitor. Disparagement is also an act by which a competitor states and spreads true statement about the situation, performance or product of another competitor, where such a statement is capable of causing harm to that competitor. The aim of this work was a detailed analysis of disparagement as the facts of unfair competition including the assessment of its pros and cons, the presentation of the expert's opinions on its individual aspects and a summary of the possibilities of protection against derogatory practices focusing on the special private law protection provided by the Civil Code in the sections dealing with unfair competition. In this...
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...
Legal regulation of content of B2C contracts (from the perspective of consumer protection)
Krahulíková, Kateřina ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
This diploma thesis deals with the content of the consumer contract and its regulation from the perspective of consumers. The aim of this thesis is to analyse this particular regulation, decide whether it is sufficient, where can be seen some deficiencies and whether the regulations fulfil its function, that is to protect the weaker party. The thesis is divided into five fundamental parts. The first one is concerned with the introductory issues, such as the consumer itself, consumer protection, why is the consumer actually protected, the principles on which is the protection based. The second part looks into the unfair terms in consumer contracts. The emphasis is placed on problematic provisions with respect to the Court of Justice case-law as well as the national case-law. An independent head is devoted to the possibility of the contractual penalty in terms of trade. The third section deals with contractual information requirements. It summarizes the European regulation. It also compares the preceding regulation with the new one in order to find the current tendencies. The contractual information requirements are viewed critically, based on specialized comments and analysis. The national regulation is divided into the general regulation and consumer regulation considering the difference between...
Legal regulation of sensitive commodity advertising (such as pharmaceutical drugs, dietary supplements, alcoholic beverages, tobacco products, games of chance)
Kasandová, Julie ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Legal regulation of sensitive commodity advertising (such as pharmaceutical drugs, dietary supplements, alcoholic beverages, tobacco products, games of chance) The subject of this thesis is the legal regulation of sensitive commodity advertising, such as tobacco products and alcoholic beverages on which I have focused in my work. The thesis is mainly based on topics relevant to current legislation and case law, which are directly linked to the advertising regulation of these products, and is based on controversy with the views of other experts on the subject. In my work I have not only described the historical development of advertisement in general, but also the initial introduction of advertising regulations as such, and, at the same time, the legal instruments related to the private and public law regulation with a detailed breakdown of relevant case law - without omission of international law and European Union law. Simultaneously, I have thoroughly analysed the issue of advertising regulations and its collision with the constitutionally established rights such as freedom of expression and freedom of enterprise also in the light of the imperative judicature decisions. One of the main parts of the analysis of this topic was also the focus on the ethical component of advertising self-regulation,...
Public Regulation of Transportation Network Companies
Krupa, Matěj ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
1 Summary Public Regulation of Transportation Network Companies This thesis deals with the Czech public law regulation regarding the personal transport sector of the so called shared economy. In the beginning this thesis defines terms of shared economy and the Transportation Network Companies, which allegedly participate in the shared economy. Then this thesis deals with the problem, whether Transportation Network Companies (for simplification referred to as Transportation Applications) offering their services in the Czech Republic are subject to public law regulation governing the rights and obligations of personal transport operators. In the beginning the thesis explains operating conditions of Transportation Applications since their specific and innovative way of providing personal transport is a reason of social and legal controversies surrounding them. This thesis analyses legal status of Transportation Applications called BlaBlaCar, Uber and Taxify. Analysis of the current legal qualification of Transportation Applications begins on the level of European Union law and the decision-making practice of the Court of Justice of the European Union. This thesis offers two options of legal qualification of Transportation Applications under the European law and it outlines legal problems resulting from...

National Repository of Grey Literature : 249 records found   1 - 10nextend  jump to record:
See also: similar author names
1 Pátek, Dalibor
3 Pátek, Daniel
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