National Repository of Grey Literature 137 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Selected issues of public tender: the institution and types of public tender
Večerková, Kateřina ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
The presented thesis addresses selected questions within the topic of public tender competitions, with focus on defining the term "public tender" and defining different types of public tenders. The thesis attempts to explain current legal environment of public tenders with regard to the amendment which has entered into force on September 15, 2010, and which has altered certain establishments of the Public Tenders Act. Alternations occurred also in the establishments focused on in this thesis; and because there has been no statutory interpretation or judicature yet, this thesis attempts to shed light on the implications of the amendment on the selected establishments. Definition of the term "public tender" is crucial from the viewpoint of full compliance of the Public Tenders Act; therefore, definition of the term along with its proprieties is one of the core topics of this thesis. Connected to this topic is also the question of proper definition of the term contracting authority, and assortment of subjects into correct contracting authority categories. This assessment is deemed fundamental for public tender competition. The thesis attempts to analyze situations where contracting authority specification is ambiguous. The case of ČEPRO, a.s., was chosen as a practical example to demonstrate such...
Formation, incorporation and invalidity of business company
Vlk, Jan ; Horáček, Tomáš (advisor) ; Plíva, Stanislav (referee)
The purpose of my thesis is to analyze process of formation and incorporation of business company. It is a procedure composed of several phases, which results in the establishment of a new company, a legal person different from its members, separate legal entity. My thesis also deals with the invalidity of business company. My thesis focuses on formation and incorporation of business company under Czech legislation. It concerns with unlimited liability company, limited partnership company, limited liability company and joint-stock company. It does not concern with Societas Europaea and European Economic Interest Grouping. The thesis is composed of five chapters. Chapter one is introductory and it concerns with companies in general. The chapter presents individual types of companies under the Czech legislation and it describes their characteristics. Chapter Two, Three and Four describes the process of formation and incorporation of business company, each of them dealing with different phase. Chapter Two deals with the formation of business company. It is a phase, during which a memorandum of association is concluded. This chapter describes obligatory content of this memorandum and also presents who is entitled to be a founder of business company. Last part of this chapter describes the process of...
A comparison of current account and deposit account contracts
Novák, Ondřej ; Liška, Petr (advisor) ; Plíva, Stanislav (referee)
1 Název a shrnutí práce v anglickém jazyce Summary of the Thesis "A comparison of current account and deposit account contracts" The aim of my thesis is to provide a comparison of current account and deposit account contracts. The above specified aim should be reached by closer investigation of both contracts and analysis of their purpose, characteristic and applicable legislation. Since these contracts play an important role within today's society and became very common, this topic should be interesting and current. The thesis is composed of five chapters, each of them dealing with different aspects of these contracts and corresponding legislation. Chapter One is an introductory part and examines the development of Czech legal regulation of both contracts. This chapter is divided into three parts. Part One describes the development of legal regulation in the Commercial Code. Part Two characterizes the Act on Payment System and also includes the specification of basic terminology used in the thesis, as well as brief overview of the Directive of European Parliament and Council on Payment services on common market. Part Three deals with effective legislation applicable on the current account contract and deposit account contract. Chapter Two examines closely current account contract. This chapter consists of...
Set off in commercial obligation relationships
Jäger, Marek ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Zahradníčková, Marie (referee)
1 Abstract Although set-off represents one of the most frequent processes of the discharge of obligations unlike performance, the contemporary specialized literature deals with it only in its fragmentary exposures. However, there is no systematic elaboration of this process of the discharge of obligations. The regress of the attention paid to the discharge of obligations by set-off apparently persists from the time, when set-off as a process of the discharge of obligations, which was unfamiliar with the central directed political economy, receded into the background. Therefore the exordium deals with the essence of set-off first of all, further with its relationship to the discharge of obligations by performance as well as with the position of set- off in public law. The chapter treating of the essence of set-off aims to void of its understanding by the economic connotation of this process of the discharge of obligations and to get near to its law essence. It is possible to think of this essence both from the viewpoint of the debtor who waives an obligation and from the viewpoint of the creditor who gains a substitutionary satisfaction of his receivable without an acceptance of the other party of an obligation relationship and without the necessity to enforce this receivable by a court or other authority....
The Types of Public Contracts
Boubínová, Tereza ; Plíva, Stanislav (advisor) ; Horáček, Vít (referee)
Abtract : The aim of the Rigorous work is to catogorize public constracts in to the three groups in terms of their object, expected values and from the prospective of Act on Public Contracts. As a part of this work is also a brief definition public contracts terminology, especially "public contracts" itself.
Negotiated procedure
Koudelka, Martin ; Plíva, Stanislav (advisor) ; Horáček, Tomáš (referee)
The master's thesis focuses on one aspect of public procurement law in the Czech Republic. Specifically, it provides with thorough interpretation of the Czech legal regulation of conditions allowing for using negotiated procedure with prior notice or negotiated procedure without prior notice to award a public tender. In order to achieve such purpose, the thesis uses information from the 137/2006 Coll., Public Procurement Act, as amended, available doctrinal literature and case law of the Office for the Protection of Competition, Czech courts and the European Court of Justice. The interpretation is performed to compare the Czech regulation with the one contained in relevant European directives (2004/17/EC, 2004/18/EC and 2009/81/EC). After interpretation of these directives focused majorly on differences from the Czech law, the thesis provides conclusions about correctness of transposition of the directives into Czech legal system, which is the core of its focus.
Unit owners association as a subject of law
Navrátilová, Hana ; Oehm, Jaroslav (advisor) ; Plíva, Stanislav (referee)
Unit Owners Association as a Subject of Law Objective of my thesis is to describe development of legal regulation of the Unit Owners Association, to analyse the current legal regulation of the Unit Owners Association in the Act No. 72/1994 Coll., on apartment ownership and to compare the current legal regulation with latest legal regulation in the new Civil Code. This topic is very live, because the issue of apartment ownership concerns more and more residents. The unit owner is also co-owner of common parts of a building. The Unit Owners Association is a legal entity determined for administration of common parts of the building. The thesis is composed of four chapters. Chapter One describes development of the legal regulation of the Unit Owners Association in the Act No. 72/1994 Coll., on apartment ownership, which was amended several times. Chapter Two analyses the current legal regulation of the Unit Owners Association mainly from the point of view of its legal capacity and internal arrangement. Legal capacity of the Unit Owners Association is restricted, because this legal entity is legally competent to execute rights and to commit itself only in the cases related to administration, operation and repairs of common parts of a building. This chapter consists of six parts which focused on formation of the...
Legal conduct of enterpreneur
Kyseľová, Jana ; Plíva, Stanislav (advisor) ; Tomsa, Miloš (referee) ; Patěk, Daniel (referee)
RESUME (anglická verze) The subject of my dissertation is the legal issues of negotiation of entrepreneur. At the same time, it is not a case of complex processing of this matter. Thematically, it is divided into three main chapters, and thereinafter conceptually into particular subchapters and parts. From my point of view, the issues of the legal negotiation of the entrepreneur are still live. These issues are the subject not only of all series of expert discussions, but also the court's decision and legislative suggestions. Also despite that I believe that the answer to some affected questions is not united at the present time. My intention was not to analyse all still unclear and disputed points of the present-day legal form in this treatise, but, in general, deal with the concept of entrepreneur's legal negotiation and to evaluate both present and future legal form from various points of view, as well as of some legal aspects connected with these legal institute. The chapter I deals with the issues of legal form of the entrepreneur's negotiation. I tried to interpose the legal form generally, with regard to the general legal form in civil right and also in commercial law. The subject of this chapter is not only the interpretation of important terms, but also the legal analysis of entrepreneur's personal...
Selected issues of public procurement - tender requirements
Nikš, Tomáš ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Selected issues of public procurement - tender requirements This thesis deals with the public contracts from the perspective of an important institute - "tender requirements". The thesis looks at the issues of tender requirements from perspective of the contracting authority in an open procedure. In the introduction (chapter I) thesis is briefly interpreted by the systematic and historical incorporation of law of public contracts. In the second chapter of the thesis tender requirements are unloaded according to the section 17 subparagraph l) Public Procurement Act, including the definition of the requirements of the contracting authority shall not, without complying with the terms and conditions. The third chapter includes the interpretation of the qualifications which are the nearest institute of tender requirements. In addition to the general definition and enumeration of each qualification it is summarized the common features of both group requirements. Whereas there is not a full list of tender requirements, some of the most important of them are enumerated in the fourth chapter. In the fifth chapter defines the circumstances that must be satisfied that the adjudicating entity validly established tender requirements. This is not only about the requirements for compliance with substantive requirements,...
Procuration as a type of representation in business relations
Sailer, Petr ; Plíva, Stanislav (advisor) ; Čech, Petr (referee)
Diploma thesis - Department of commercial law Procuration as a type of representation in business relations abstract The opening of diploma thesis on the given theme deals with the ways of action of an entrepreneur including it's forms and especially concentrates on the entrepreneur's acts according to § 20 of the Civil Code. Chapter two deals with the institute of representation and briefly try to outline the legal representation of entrepreneurs-legal entities according to the Commercial Code. The major part concentrates on contractual representation and proxy which are subsidiary applicable to the procuration according to § 1 paragraph 2 of the Commercial Code. The first and second chapter forms a necessary basis for the next part of the thesis. A third chapter of the thesis deals with the history of procuration. Chapter focuses on the progression of legislation in the Czech lands since 1863 when the Austrian Commercial Code was adopted until 1st January 1991 when the Czech Commercial Code was adopted. Individual sub-chapters compare regulation of the procuration according to individual acts, quote relevant case law which interprets questionable matters. Fourth chapter of the thesis focuses on the procuration according to the Commercial Code (Act No. 513/1991 Coll.). It compares the previous legislation...

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