National Repository of Grey Literature 252 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Interest of the Business Corporation and its Protection
Görges, Marek ; Zahradníčková, Marie (referee)
The Interest of the Business Corporation and its Protection Abstract This thesis is about the general interests of business corporations. It creates a comprehensive overview, designed to enable the reader to become acquainted with the basic factors which are shaping such interests. While maintaining the link to Czech legal regulation and jurisprudence, it describes the nature of business corporations' interests at a basic level and it points to legal institutions that might indirectly complement this idea. The objectives detailed above are pursued in three ways, each of which is considered in one of the three parts of the thesis. The three parts follow each other sequentially, leading the reader through a comprehensive path to understanding some areas of the law that, at first, might seem unrelated. It sets basic distinguishing criteria for the different types of business corporations. These criteria are important for the thesis' eventual conclusions, which are in the theoretical level related primarily to capital companies. In the first part of the thesis, there is a brief summary of the historical development the economic aspect of business corporations and a discussion on conflict of interest issues, both inside and outside the corporation, which influence corporate interest. The second part deals with...
Company members in individual types of companies
Kučva, Tomáš ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
The thesis sets its goal in finding and identifying the most significant elements of differentiation between a legal statuses of members of individual forms of business companies in Czech law system. These elements are being a subject of further analysis and research of how they result both in the companies' operations and internal relations between members. Despite the fact that in general, rights and duties of members of individual types of business companies are based on values and mechanics that are common to all, legal statuses of members are diametrically different in many ways. These differences have major impact both on forms and extent to which members can excercise their rights, as well as matters of their duties and consequences of their default. However, these distinctions systematically correspond with whether a personal or capital element prevails in the type of the corporation. The first chapter introduces the essential parameters and specifics of individual forms of companies, emphasising their role and importance within a business environment. Chapter two is dedicated to the matters of membership in a business company, focusing on its acquirement and termination in different types of companies. From a comparative view, this chapter first describes both original and derivative ways...
'Stakeholder value' as a new phenomenon of company law
Kadeřábková, Hana ; Pelikán, Robert (advisor) ; Zahradníčková, Marie (referee)
99 'Stakeholder value' as a new phenomenon of company law Abstract The thesis deals with "stakeholder value" as one of the approaches to corporate governance. The primary aim of the thesis is to provide a description of the stakeholder value approach and to describe its position in (in particular) the Czech company law de lege lata; the secondary aim is to reflect on the possible legal regulation de lege ferenda and notice of problematic points of legislation in relation with the stakeholder value concept. Another goal is to clarify through the empirical research the position of the stakeholder value and some other concepts related to this phenomenon in the Czech Republic. The thesis is divided into seven chapters. It begins by introducing the concept of "stakeholder value" as one of the corporate governance models, pursuing as one of the goals of a buisness company to satisfy interests of a wide range of stakeholders, i.e. constituencies tied to a business corporation in a certain way. Following is a theoretical introduction to corporate governance. The second chapter deals with the shareholder value model, contrasted with the stakeholder value approach, with an emphasis on taking into account solely the interests of shareholders. The third chapter is devoted to the so-called enlightened shareholder value...
Insolvency of a dependant person and its group consequences
Smetana, Tomáš ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Insolvency of a dependant person and its group consequences Abstract The thesis deals with the consequences that the Czech Act on Business Corporations and the Insolvency Act provides for the case of bankruptcy of a dependant entity in relation to the remaining entities in the group. First, the general conceptual bases are discussed and the value of the principles of limited liability and individual legal personality in the context of the business group is explained. One chapter is devoted to international issues that arise in the context of bankruptcy within business groups, that is, both private international law and harmonization issues. The importance of harmonization is explained with reference to universalism, the leading way of thinking in solving cross-border bankruptcy, and in other parts of the thesis, Czech law is compared with the international standards of insolvency law of UNCITRAL and the World Bank. Furthermore, the ways in which the liability of a group member for the debts of an insolvent corporation can be inferred are analyzed. These include, in particular, the English law inspired wrongful trading regime contained in s. 68 of the Act on Business Corporations and the liability of the dominant entity for the debts of the dependant entity if the dominant entity causes the dependant entity...
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...
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,...
Elements of Promissory Note
Beránková, Kateřina ; Liška, Petr (advisor) ; Zahradníčková, Marie (referee)
Elements of Promissory Note Abstract The rigorous thesis is dealing with the matter of elements of a promissory note, the thesis goes through particular elements in detail and explains how to include them on the promissory note so that the note is a valid security. Alongside the examples of writing elements of a promissory note that cause nullity of promissory note are given, which come from decision-making process of the courts. The elements of promissory note are analysed one by one depending on division to obligatory elements, facultative elements and subsidiary elements. The thesis primarily works with judicial decisions which are the main source of knowledge in this thesis. The rigorous thesis is apart from introduction and conclusion divided into seven chapters. The largest part of description and analysis is dedicated to obligatory elements of promissory note and to facultative elements enumerated in article I. s. 75 of Bill of Exchange and Cheque Act, which are the most common for the promissory note. First chapter focuses on term of promissory note, its substance, characteristics and general definition of elements of promissory note. Second chapter analyses substantial elements of promissory note which are clause of promissory note, unconditional promise to pay certain amount of money, name of...
Contracting autonomy in construction of types of shares and its limits
Karabut, Petra ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
This thesis deals with the currently effective legislation on types of shares, which is still relatively new in the Czech Republic as the recodification took place approximately four years ago. The main act that is a subject to the examination of this thesis is the Act no. 90/2012 Coll., on Commercial Companies and Cooperatives (The Business Corporation Act), which provides the main regulation of shares. The aim of this thesis is to find out limits that restrict the contracting autonomy, which was widely broadened with the recodification of the Czech private law, in the process of creating different types of shares. The thesis is divided into four main chapters. First chapter introduces the shares as a type of securities or book-entry securities along with the main characteristics of a share. It also defines an important term for this thesis - the type of share - and the basic types of shares recognized explicitly by the Business Corporation Act. The second chapter concerns with the construction of the types of shares and its limits. It describes the contracting autonomy - one of the main principles of the private law - and different limits of this liberty. These include basic principles of the private law, commercial law principles and company law principles, the provisions of the Civil Code and...
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...

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