National Repository of Grey Literature 246 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
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...
Special regulation of obligations between food suppliers and clients
Večeřová, Ludmila ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Name of thesis: Special regulation of obligations between food suppliers and clients Abstract The thesis addresses the issues connected to Act No. 395/2009 Coll., on significant market power in the sale of agricultural and food products and abuse thereof. The Act applies to obligations between suppliers of food products and buyers with such market power which allows them to use disadvantageous business conditions towards their suppliers, abusing their power. The Act's impact on the business relationships between suppliers and buyers in particular is considered as well as the conflict between the principles of protection of weaker contracting party and contractual freedom. The first chapter contains an analysis of the supplier-buyer relationship and the food market which serves as its platform. Beside the definition of food products, the chapter contains characterization of both parties, the evolution of the food market over time and evaluation of the capability of both suppliers and buyers to affect the conditions of their relationship. The second chapter deals with the Significant Market Power Act itself, particularly its purpose, circumstances of its adoption and the subsequent reactions of the interested parties and the public. The process of the Act's amendment in 2016 is described as well as the...
Company name
Křížková, Anna ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
Company name Abstract This diploma thesis analyzes the current legal regulation of company law and evaluates the quality of this regulation in terms of sufficiency and unambiguity. The thesis is divided into four main chapters. The first chapter contains an analysis of basic theoretical questions of company law - it specifies the concept and legal nature of the company, its basic functions and the basic principles of company law in the creation and use of the company. The second chapter deals with the analysis of ownership of the company, taking into account the new legal nature of the company name as a thing in the legal sense. The use of the so-called old firm and the analysis of § 427 is then contained in chapter three. The last chapter describes the protection of a company name according to the current legal regulation, including the analysis of specific claims arising from this protection. At the end of the thesis the results from the analysis and assessment of the legal regulation of company law are summarized. The evaluation takes into account the changes introduced by the new legal regulation contained in the Civil Code as compared to the original regulation in the Commercial Code. As a positive, the following issues are assessed: the change in the legal nature of a company name where the company is...
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...

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