National Repository of Grey Literature 263 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Possible remedies for incorrect procedure used by contracting authority in public procurement
Randýsková, Hana ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Possible remedies for incorrect procedure used by contracting authority in public procurement Abstract The aim of the diploma thesis is to provide analysis of incorrect procedures of contracting authority in public procurement and possible remedies. Particularly from the position of the contracting authority itself and partially from the position of the economic operator, who is able to initiate corrective measures through the institutes of protection against irregular practices of contracting authority. The submitted thesis also deals with certain interpretative problems of the contemporary legislation of public procurement, which may be directly related to the mistakes of the contracting authorities. The first chapter discusses basic concepts of public procurement law and delineates exemplary conduct of one of the typical types of procurement procedure, namely open procedure. The second chapter deals with frequent mistakes and possible remedies of those mistakes by the contracting authority within the time limit for the submission of tenders. The focus of this chapter is on the procurement documents, its explanation and alteration or supplementation. The third chapter follows the second chapter, because it deals with incorrect procedure used by contracting authorities and possibilities of their remedies...
"Simultaneous performance of function of statutory body of capital company and employment relationship"
Hadrbolcová, Martina ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
6 Simultaneous performance of function of statutory body of capital company and employment relationship Abstract The topic of this rigorosum thesis is the issue of prohibiting performance of a function of the statutory body of a capital company while simultaneously having an employment relationship with that same company, which was inferred by judicature in the early 90s of the last century. However, despite this prohibition, the simultaneous performance of function of the statutory body and employment relationship is common practice in the Czech Republic. In fact, it provides this statutory body or its member a protection, which otherwise belongs by law only to employees. However, as a follow-up to the current Supreme Court decisions, there have appeared some opinions that judicature has finally resolved this issue of simultaneous performance. So, the aim of this rigorosum thesis is to appraise whether we can consider this issue as resolved or not and what new practical problems this new Supreme Court's interpretation causes. This rigorosum thesis is divided into eight main chapters. The first one and second ones are dedicated to the theoretical basis and basic characteristics of the dependent work and the performance of a function of the statutory body. The third chapter is dedicated to comparison of...
Legal Doctrine and Case Law Related to the Act on Protection Against Unfair Competition (1927) and Their Influence on the Current Law Against Unfair Competition
Veselý, Petr ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
The subject matter of this thesis is the analysis of the Czech pre-WW2 legislation on unfair competition as laid out by the Act on Protection against Unfair Competition 111/1927 Sb. and the vast body of work concerning its interpretation and application as contained in both doctrinal works and especially the case law of the Czechoslovak Supreme Court. The thesis then attempts to thoroughly compare these to the relevant contemporary Czech case law and theoretical works. To achieve this goal, after a thorough preliminary analysis and selection of the relevant sources (especially applicable case law), the thesis lays out the most crucial legal questions and areas of interest in which the current legal doctrine and case law have been influenced by the pre-war era. The thesis contains thorough analysis of provisions containing vague legal terms, such as "good morals of competition", "business relations" or "average consumer" and attempts to put these into the context of legislation, legal doctrine and case law of the first Czechoslovak Republic. Considerable attention is also paid to the relationship between industrial property law and the law on unfair competition. The focus has been put on providing an analysis of the foundations that had shaped the legal thinking of the first Czechoslovak Republic in...
Protection of trade secrets (focusing on Directive 2016/943)
Kučerová, Lucie ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
Protection of trade secrets (with a focus on Directive 2016/943) Abstract The subject of this diploma thesis is to assess the protection of trade secrets in the context of Czech legislation with the comparison of the requirements of the Directive on the protection of trade secrets. The diploma thesis is based primarily on the valid legal regulations and Czech case law, which is associated with the regulation of the protection of trade secrets. Individual subjects of competition invest in research and development to gain a competitive edge or maintain their competitiveness. The results of their innovative activities are often subjected to dishonest practices aimed to disrupt or abuse them. The institute of trade secrets is one of the important ways to protect the results of innovative activities. Its importance is confirmed by the adoption of Directive (EU) 2016/943 of the European Parliament and of the Council. The first part of this diploma thesis focuses on the definition of the concept of trade secrets according to the Czech legislation, its comparison with the concept of the Directive and evaluation of their mutual compliance. The second chapter is devoted to the main theme of the diploma thesis, which is the protection of trade secrets under the law against unfair competition. I consider its regulation...
Discrimination againts consumer in the provision of goods and services
Kautská, Anna ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Discrimination againts consumer in the provision of goods and services Abstract The topic of this thesis is the prohibition of discrimination of consumers in the provision of goods and services. Recently, this issue has been the object of interest thanks to the Constitutional Court's judgment from 17 April 2019, in which the Constitutional Court dealt with consumer discrimination directly. The aim of this thesis is to analyse the concept of discrimination in the area of provision of goods and services and to compare the principle of non-discrimination with other principles acting in conflict. For this reason, the thesis is divided into two main parts. The introduction is followed by the first part that is fully devoted to the analysis of the concept of consumer discrimination and other terms related to it. The second part of the work deals with the principles against which the principle of non-discrimination directly acts. The first part, entitled Consumer Discrimination, is divided into five subchapters. The main introductory chapter deals in detail with the analysis of the concept of discrimination and deals with discriminatory criteria in individual subchapters. The second chapter mentions cases of different treatment, which by law are not and cannot be considered as discrimination of the consumer. The...
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...
Specific aspects of internet advertising from the perspective of the law against unfair competition
Ilichman, Dominik ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
Online Advertising Specifics with regards to Unfair Competition Law Abstract This thesis analyses advertising which is strictly connected to the internet environment with regards to the unfair competition law. The importance of unfair competition regulations in the dynamic internet environment is emphasized by presenting the most problematic areas of online advertising. The great flexibility of the general clause is often the only possible way how to prosecute the new methods of online advertising. Due to the insufficient development of the Czech jurisprudence in online advertising, there are judgments of the European Court of Justice and the judgments from other member states presented in this thesis. There are detailed analyses of six different advertising practices - keywords abuse, metatags abuse, linking, fake online reviews, advertisements on online platforms, and ad blocking software. The main goal of the paper is to draw the limits of these six advertising practices by analysing and comparing various fact patterns in foreign judgments. Some of the judgments presented in the thesis are introduced in the Czech legal environment for the first time. Furthermore, the thesis focuses on the specifics which distinguish online advertising from the traditional ones. The specific characteristics of internet...
Evaluation of tenders in public procurement according to its economical advantage
Sahánková, Barbora ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Abtract The main aim of this diploma thesis is to analyze the evaluation of tenders in public procurement according to their economic advantageousness and at the same time to compare the current stage of the ability of contracting authorities to evaluate this economic advantageousness compared to the stage of effect of the previous legal regulation. The background information for the topic of this diploma thesis were obtained from the legal regulation of the Czech Republic and the European Union, professional literature (legal commentaries), professional articles of periodical publications dealing with public procurement, internet sources and the case law of the Office for the Protection of Competition, administrative courts of the Czech Republic and the Court of Justice of the European Union. The analytical approach, linguistic, teleological and comparative method of legal interpretation were used. This diploma thesis consists of six main chapters. The introductory chapter discusses the purpose and aim of the legal regulation of public procurement and in the following chapter the part of the tender procedure and the basic principles of public procurement, crucial for the whole process of public procurement. The third chapter is devoted to the core of this thesis, namely the economic advantage in the...
Causal objections to a bill of exchange and a promissory note, their types and proceedings related to them
Vacek, Lukáš ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
and keywords Causal objections to a bill of exchange and a promissory note, their types and proceedings related to them The subject of this thesis are causal objections to bill of exchange and promissory note, their types and proceedings related to them. The aim of the thesis is to provide a comprehensive overview of causal objections as a defense against produced bill of exchange (promissory note) based on an analysis of prosessional literature on the topic and the relevant case law. Thus, the thesis deals both with causal objections as substantive law institute and their practical application through procedural law institute of objections against bill of exchange (promissory note) payment order. The thesis consists of the preface, three chaptes and the conclusion. The first chapter deals with basic aspects of the term of "bill of exchange" (or the "promissory note"). The chapter is devided into four subchapters. The first subchapter analyses different definitions of the bill of exchange (promissory note) as they can be found in the professional literature and the case law and these definitons are compared to one another. The second subchapter deals with typical signs of bills of exchange (promissory notes) as a security. The essentials of such a security are described in the third subchapter. The...
Duty of care, skill and dilligence in Czech court case law
Klusáková, Barbora ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
The purpose of the diploma thesis "Duty of care, skill and dilligence in Czech court case law" is to analyze the approach of Czech courts case law to the selected issues related to the duty of care, skill and dilligence and to evaluate it with regard to the interpretation of legal regulation, doctrinal interpretation, theoretical and historical knowledge. The thesis consists of two main chapters which deals with research of two actual questions selected to the purpose of the thesis. The first chapter deals with the question whether the duty of care, skill and dilligence can be considered as an objective or subjective standard, i.e. according to which standard should the actions of persons who are obliged to act with the duty of care should be measured. Based on the performed analysis, the author's own opinion on the issue is expressed and subsequently the approach of the Supreme Court of the Czech Republic in its individual decisions is evaluated. The concept of care as a subjective sharpening of the objective standard is critically evaluated. The second chapter is devoted to the issue of the nature of the duty of care, specifically the question of whether it can be considered lawful or contractual with regard to changes in the law of liability after the recodification of civil law. Its solution...

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See also: similar author names
1 Pátek, Dalibor
3 Pátek, Daniel
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