National Repository of Grey Literature 48 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Regulation of Alternative International Commercial Disputes Resolution in the Russian Federation
Přib, Jan ; Růžička, Květoslav (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
178 REGULATION OF ALTERNATIVE INTERNATIONAL COMMERCIAL DISPUTES RESOLUTION IN THE RUSSIAN FEDERATION ABSTRACT The object of this dissertation is an analysis of legal regulation of alternative international commercial disputes resolution in the Russian Federation, both from theoretical and practical perspectives. The work deals in detail with alternative international commercial disputes resolution regulated in the Russian legislation, i.e. with arbitration and mediation of international commercial disputes, analyzes their position within the Russian legal framework, interconnection with the judicial proceedings, legislation national dispute regulation, role of state organs within the proceedings including acknowledgement and enforcement of arbitration awards and mediation agreement.. Both of these ways are further analyzed in separate chapters that together form the core of this dissertation. The respective main chapters (devoted to arbitration and mediation of international commercial disputes) are further devided into subchapters, in which are analyzed the individual procedural institutes of arbitration and mediation of international commercial disputes. Special attention is devoted to the grounds and the process of setting aside of a foreign arbitral award as well as with the grounds and the process of...
Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
Administration of property of others - trusts
Lederer, Vít ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Rozehnal, Aleš (referee)
1 Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing...
The creditor protection law within corporate debt financing
Šubrt, Martin ; Černá, Stanislava (advisor) ; Rozehnal, Aleš (referee) ; Elek, Štefan (referee)
The creditor protection law within corporate debt financing Abstract In this paper I have dealt with the protection of a creditor in debt corporate financing, where the debtor is a capital company. In this case, there are relatively specific conflicts of interest between creditors on one hand and shareholders on the other. This is due, in particular, to the characteristics of a capital company where the shareholders are not liable for the liabilities of the company (or they are limited in their liability) and are not responsible for their decisions, while the assets of the company are separated from the assets of the shareholders. Shareholders and creditors thus make competition for company assets. While the shareholders want to realize their investment as quickly as possible, they stand in an imaginary queue as residual creditors of the company at the end. This may lead to their attempt to overtake fixed creditors. This motivation culminates especially in situations where the company is in financial difficulties. Shareholders are aware of the fact that in case of insolvency, no company assets will be distributed to them. In this thesis, I focus on protection of creditors of companies from opportunistic behaviour of shareholders, who may withdraw the company's assets at the expense of its creditors, i.e....
Obligational means of securing claims in the international trade
Micikowska, Natalia ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zahradníčková, Marie (referee)
Obligational means of securing claims in the international trade Abstract The subject of this dissertation is obligational means of securing claims and their functioning in the commercial transactions with international coverage. The thesis is primarily concentrated upon the statutory securing instruments most often encountered in practice i.e. surety, financial (bank) demand guarantees, contractual assignment of receivables causa cavendi, letters of credit and letters of intent. The thesis is divided into four parts. The first part deals with the introduction into the subject of negotiable instruments of securing obligations, provides an overview of the historical development of selected instruments, endeavours to outline the difference between the securing instruments conceived as rights in rem and those seen as obligations and eventually raises the issue of methodology. Afterwards the analysis is carried out on two levels: in the second part the author focuses on the applicable approach in determining the governing law in accordance with international and national regulations and afterwards on the topic of the unified norms developed by the international organisations that may be relevant in the light of the thesis' subject-matter. In this regard the works of the International Chamber of Commerce in...
Cross-border Anti-competitive Agreements
Tupá, Kristýna ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT Cross-border Anti-competitive Agreements Functional market mechanism, as an essential element of a market economy, is a prerequisite for the economic prosperity of advanced democratic states. A completely crucial element of its functionality is free competition, the protection of which is regulated by competition law. However, competition does not apply consistently across all sectors. In this thesis I focuse on its application within the financial services area. This sector`s nature is very specific because we must always strive to maintain financial stability when implementing any measures. How should legislation respond to these aspects respond and how should the competition policy itself be shaped? Is regulation of this area necessary or does the competition intself represent a thread to the financial stability of the system? In order to fully understand the specifics of this area, it is firstly necessary to become familiar with the economic aspect of competition law and the nature of these white-collar crimes. Consequently, I will focus on the application of the competition law on financial services, taking into account new technologies and their influence on the structure of this market. The impact of competition on the banking sector is one of the core parts of this thesis. Based on an...
International Sales Dispute Resolution
Gavrilova, Iva ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Feigerlová, Monika (referee)
INTERNATIONAL SALES DISPUTE RESOLUTION ABSTRACT This dissertation deals with judicial resolution of disputes arising from cross-border commercial relationships, more precisely from international sales contract as their common representative. The introduction defines the term of international sales contract (chapter one) and the process of its formation (chapter two) under the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). It addresses inter alia the gap filling of the CISG, uniform interpretation or commercial usages. Some comparative notes are also provided. Further, it examines a phenomenon called "battle of forms" that often occurs in practice when dealing with standard terms and conditions. The focal point of the thesis is the rules of jurisdiction set out in the Brussels I Regulation Recast ("Regulation") which are analysed from the perspective of an international commercial relationship. The emphasis is on the prorogation of jurisdiction under the Regulation. The third chapter deals with the territorial, temporal and material scope of application of the Regulation, as well as with its autonomous interpretation. It also discusses the role of the Regulation in arbitration. Chapter four reviews the rules of jurisdiction applicable when there is no valid choice of...
European Trends in Judicial Mediation and Their Use in the Czech Republic
Tošnerová, Ráchel ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Feigerlová, Monika (referee)
EUROPEAN TRENDS IN JUDICIAL MEDIATION AND THEIR USE IN THE CZECH REPUBLIC Abstract This dissertation deals with the phenomenon of judicial mediation. In the first part, it defines the term of mediation as such and determines its essential and additional elements. Further, the text looks into the wide spectrum of cases in which this method of alternative dispute resolution can be applied. The author specifically points out that limiting its use to family matters is rather inappropriate. The following section systematically identifies the individual types, forms and methods of mediation so that each mediation can be customized for the respective case. Finally, the first part ends with a reflection on the current issues connected to criticism of mediation. These are the enforcement of international mediated settlement agreements, the potential conflict with access to justice and the binding nature as well as enforceability of mediation clauses including their stipulation in general terms and conditions. The second part is an analysis of the use of judicial mediation in selected European countries - Italy, Germany, the Netherlands, Poland, Slovenia and Spain. Different approaches to the implementation of the mediation directive are described as well as techniques for the promotion of its use. The output of the...
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China
Černá, Lucie ; Rozehnal, Aleš (advisor) ; Horáček, Tomáš (referee)
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...
Trademark protection and enforcement of rights in trademarks in the Czech legal order
Dvořáková, Aneta ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
ní'' poskytuje rozbor tří oblastí zákonné úpravy ochranných známek včetně použití související judikatury jednotlivým oblastem. Diplomová práce se věnuje institutu ochranné známky jako takové, možnostem její ochrany a úpravě vymáhání práv k části diplomová práce podrobně popisuje institut ochranné známky a její historii, funkce ochranné známky, zatřídění v rámci duševního a průmyslového vlastnictví, rostoucí význam ky a rozšiřující se okruh druhů ochranných známek. V následující části diplomové práce je detailně rozebráno registrační řízení u ÚPV, a to od podání přihlášky až po jednotlivá fakultativní řízení, která mohou v rámci její ochrany nastat, až po případný zá do rejstříku ochranných známek. Podrobně je rozebráno připomínkové řízení a zejména námitkové řízení. V námitkovým řízením jsou důkladně popsány osoby oprávněné podat takové námitky a rozebrány možné důvody v práce se dále zaměřuje na prostředky ochrany poskytované nejen ÚPV, ale i soudy a dalšími orgány, kterými je ochrana vhodně doplněna i v spotřebitele, čímž je poukázáno na to, jak velký význam ochrana v této oblasti má. Závěrečná část p průmyslovému vlastnictví, který i přes svůj stručný rozsah poskytuje pro oblast průmyslového vlastnictví vhodný nástroj úspěšnému vymožení práv oprávněnými osobami. Diplomová práce v této části poskytuje...

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