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Basic Qualifying Requirements in Public Tenders
Kročilová, Zuzana ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Basic Qualifying Requirements in Public Tenders The purpose of this thesis is to analyse the Basic Qualifying Requirements in the public tenders, as enacted in the Section 53 of the Act no. 137/2006 Coll., on Public Procurement, as amended. The initial reasons for my research are constantly changing legal rules in this branch of law that often do not reflect the European enactment in the Directive 2004/18/EC. The thesis is composed of an Introduction, 3 separate Chapters and a Conclusion. The Introduction outlines the aim of the thesis, its structure and arrangement of the Chapters are shown in this part as well. The Introduction is than followed by the first Chapter called Qualification, in which the topic of criteria for qualitative selection is discussed in the context of the general provisions concerning qualification in the public tenders. This Chapter is subdivided into two parts separately dealing with the requirements of the bodies governed by public law and entities operating in the water, energy, transport and postal services sectors. The second Chapter examines the European enactment of the Public Procurement in the Directive 2004/18/EC, as well as in the Directive 2004/17/EC concerning the entities operating in the above mentioned special sectors. The core of this part lies in a complex...
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Contractual relations between a consulting company and its client
Brosková, Karolína ; Plíva, Stanislav (advisor) ; Horáček, Tomáš (referee)
Thesis: Contractual relations of consulting firm and client Author: Karolína Brosková The purpose of my thesis is to analyse the contractual relations between consulting firm and its client. The reason for my research is an increasing amount of consulting firms arising in Czech business enviroment as well as non-existence of precise and explicit regulation of these relations in Czech legal system. The thesis is composed of two main chapters, each of them dealing with different aspects of management consulting. Chapter One is subdivided into three parts. Part One is introductory and defines basic terminology of management consulting, its history and typology. Part Two deals with subjects of contractual relations between consulting firm and client. Finally part Three explains when these relations will be regulated by Czech commercial contract law. Chapter Two examines relevant Czech legislation in combination with practical examples from valid agreements. The chapter consists of two parts. Part One focuses on particularities of Czech contract law. Part Two investigates what should be included in consulting agreement. Conclusions are drawn partially in Chapter Two, part One and partially in the epilogue. The main aim of the thesis is to find out what is the economic cause of these relations, and what...
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Withdrawal from a contract in business relations (preconditions and consequences)
Veselý, Jan ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
62 Grounds for termination of a commercial contract: summary and keywords The thesis you are about to read deals with the concept of termination of a contract (sometimes referred to as withdrawal from a contract, "odstoupení od smlouvy" in Czech) under the general provisions of the Czech Commercial Code concerning commercial contractual obligations. This concept is generally perceived as a unilateral remedy designated to resolve the situations of fundamental non-performance of the contract and as such it presents an exception from the principle of preservation of the contract. The thesis focuses namely on general and particular grounds for termination. The purpose of the thesis is to compare the scope in which this remedy is available to the aggrieved party under the general provisions of the Czech Commercial Code as interpreted by relevant doctrine and case law with the standard scope under various international legal documents. The thesis consists of four chapters. The first chapter characterizes the concept of termination in general and outlines its' role within the contract law. The main functions of termination (protection of the aggrieved party, motivation and penalty of the other party, possible way of escape from the contract) are described. A brief introduction of the compared international legal...
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