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The scope of liability to damages under the Commercial Code
Rožánek, Petr ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Extend of liability for damage in the Commercial Code The general private legal regulation of liability for damage is stipulated in the Civil Code (hereinafter referred to as "ObčZ"). The Commercial Code (hereinafter referred to as "ObchZ") also contains some provisions regulating damages, mainly those for breach of contractual obligations and obligations prescribed by the Commercial Code. This regulation of damages shall be used in relations governed by it as a matter of priority. In order to claim damages according to the Commercial Code, all the following basic preconditions shall be met: - occurrence of damage - breach of legal obligation - causal relation between occurrence of damage and breach of legal obligation And at the same time - there are no circumstances excluding liability for breach of obligations The Commercial Code stipulates the liability for damage as no-fault liability. It means that the liability relation is not conditioned by fault and occurrence of the above presumptions is enough. Pursuant to s. 379 of ObchZ, "damage" means actual damage and loss profit. Both judicial practice and legal theory consider actual damage as damage to property in the form of reduction of property of an injured party as a result of an event causing damage. "Lost profit" means in judicial practice damage,...
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Withdrawal from a contract
Junek, Jan ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
I chose this topic because I would like to be devoted primarily to private law with an emphasis on commercial law and I think that withdrawal from the contract is very common commercial practise phenomenon. The purpose of my thesis is to analyse topic withdrawal from a contract, draw attention to some shortcomings and suggest an amendment of legislation. The thesis is composed of four chapters. Chapter One is defines concept and nature of withdrawal from a contract. Chapter Two deals general legal form withdrawal from a contract in accordance with the Commercial Code. Chapter Three deals special legal form. Chapter Four concentrates on problems resulting from the upcoming changes. Here I tried to analyze the various provisions of the forthcoming new Civil Code. The main conclusions, which I obtained, are following. Withdrawal from a contract is an unilateral legal act of one of the contracting parties addressed to the other contracting party, by which provided fulfilment the conditions laid down by law, is an agreement cancelled. This is an exception from the general principle, that the contracts should be observed. The basic rule, which is included in the Czech Commercial code is that the parties could withdraw from the contract, if it establishes law or a contract. The main reason which leads to...
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State-Owned Enterprise
Hokr, Tomáš ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The primary focus of this thesis is a state-owned enterprise, its basic characteristics, the State-Owned Enterprise Act as its principal source of legislation and its status given by some other laws. The state-owned enterprise is a state organization and a specific organizational legal form of business through which the state carries out management of its property, carries on a business and thereby fulfills the purpose for which state-owned enterprise was founded. Specificity is manifested mainly by its property itself, the relationship to that property, the way of establishment and by performance of quasi-shareholders' rights. The main attribute of state-owned enterprises and state organizations in general is incapacity of possession of property rights. Inability of ownership does not only contrast with the ability to bind, but also raises questions concerning the legal personality. The relationship to the property has been expressed by rather vague "right to manage", which has not been used yet. The state-owned enterprise is regulated mainly by the State-Owned Enterprise Act. This regulation, though very brief in scope, has the ambition to be comprehensive legislation for state-owned enterprises. Nevertheless it is not sufficient for the treatment of all possible legal relations arising from the...
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Selected issues of public procurement
Weigl, Jiří ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Thesis: SELECTED ISSUES OF PUBLIC PROCUREMENT My thesis concerns selected issues of public procurement procedure which is codified in the Act no. 137/2006 Coll., on Public Procurement. The reason why I chose the topic is that I consider public procurement as a very interesting branch of law, in which the public sector cooperates with business. Compliance with public procurement rules in my opinion contributes to prevent the corruption and other fraudulent practices. To achieve this goal, new European public procurement directives were adopted by Czech legislator. The main purpose of the thesis is to analyse legal regulation in the field of personal application of the Act on Public Procurement and to analyse exempts from the operation of this Act. Very important method of my work is comparation of the Czech way of adopting the European directives with the German way. I often use Czech and European judicature and commentaries to demonstrate the correct interpretation of the relevant provisions. The thesis is divided into four chapters. The first chapter contains introduction to the relevant issues, historic development of public procurement in the Czech republic, list of laws and regulations in force, basic principles of the Act and explanation of other relevant provisions concerning the issues. The...
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Legal regulation of ownership of cooperative flats
Horník, Tomáš ; Oehm, Jaroslav (advisor) ; Plíva, Stanislav (referee)
The diploma thesis deals with contemporary legislation of housing co-operative as one of the most frequent type of flat ownership in the Czech Republic. The housing co-operatives represent legal entities that meet the housing needs of more than 1.5 millions people in the Czech Republic. Therefore, undoubtedly, the legal aspects of the housing cooperatives became a much discussed issue. Although the housing co-operatives have a long tradition on the territory of Czech Republic, the thesis focuses mostly on the effective legislation taking into consideration the historical aspects when required due to necessity of the issue's complexity. The thesis is divided into five separate chapters. The first chapter generally describes the contemporary housing co-operative legislation and its challenges in regards to the near future recodification of the Civil law. Second chapter focuses on defining fundamental terms such as "co-operative," "housing co-operative," "co- operative housing unit," etc. The third chapter concerns the co-operative membership emphasizing the establishment of the membership, rights and obligation of the members, membership contribution, transfer of rights and duties connected to the membership in a housing co-operation, the membership share transfer, complicated issue of the joined...
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The specificity of agreements on financial collateral
Zempliner, Tomáš ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
In this thesis, the author aimed to describe the specifics of agreements on financial collateral in accordance with section 323a of the act no. 513/1991 Coll. the commercial code, as amended. The Author used a method consiting of describing the purpouses of traditional elements of those security instruments, which are broken and modified by the provisions enabling agreements on financial collateral in the first part of the thesis, and further applied the purposes to the provisions enabeling the agreements on financial collateral itself in the second part of this thesis. As to the additional method of approach, the author judged this security instrument from the point of values and principles, which are the most reflected in its provisions. Author implied that the specifics of an agreement on financial collateral consist in vast differences from the traditional security instruments. These differences lie in the area of formation of such security instrument, the area of rights and duties of the contracting parties during the existence of the financial collateral, as well as the possibilities of the satisfaction of the creditor from the collateral. Author's conclusions may be summarized by the following. Agreements on financial collateral are characteristic by high extent of application of the...
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