National Repository of Grey Literature 243 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...
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...
Shares with and without par value in the companies limited by shares
Komárková, Dita ; Štenglová, Ivanka (advisor) ; Patěk, Daniel (referee) ; Dvořák, Tomáš (referee)
Shares with and without par value in the companies limited by shares Dividing share capital into shares with par value is a traditional approach which has been applied in company law in the Anglo-Saxon and the Continental legal systems. This rule is regarded as a part of the capital formation and maintenance rules which gradually developed mainly in the 19th century in connection with the aim to ensure the protection of creditors and shareholders. Par value originally served as an indicator of the amount which a shareholder was liable to contribute to the company as consideration in exchange for its share. At the same time it served as an indicator of the shareholder's liability. At the end of the 19th century in the United States, there was growing criticism against par value ascribed to shares, which eventually led to the establishment of the concept of no-par value. The removal of the traditional approach and the establishment of the concept of no-par value has become a certain trend or phenomenon, spreading into other jurisdictions in the 20th century, e.g. Australia, Singapore, New Zealand, Hong Kong. The aim of this thesis is to evaluate the future of the rule according to which share capital is divided into shares with a fixed nominal value, or more precisely, to evaluate the sustainability...
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...
Concentration of Undertakings within Protection of Czech Competition
Radvanovská, Alice ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
Concentration of Undertakings within Protection of Czech Competition The subject of this diploma thesis is to define the subject of concentration of undertakings, which is one of the parts of competition protection, and to define the way of control of such concentration in the Czech legal order. Without the functioning of competition, the functioning of trade cannot be imagined, and since self-regulation of trade has proved to be inadequate over time, there was nothing else to do than to introduce a regulation regulating the behavior of market players. These standards gave rise to a new branch of law, i.e. competition law. The thesis is divided into nine chapters, the first four being rather interpretative, because they explain the basic concepts and terms used by the Act on the Protection of Competition and the European Commission. The fundamental issue of this work is to explain the definition of the concentration as such, in which, without knowing the various forms of concentration, it would not be possible to correctly identify the operation and properly notify the competition authority. Next, I deal with the procedure of the competitors and subsequently of the Office for the Protection of Competition (hereinafter referred to as "the Office") in the proceedings. I consider significant the adaptation of...

National Repository of Grey Literature : 243 records found   1 - 10nextend  jump to record:
See also: similar author names
1 Pátek, Dalibor
3 Pátek, Daniel
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