National Repository of Grey Literature 426 records found  beginprevious243 - 252nextend  jump to record: Search took 0.00 seconds. 
Due managerial care and diligence and liability for their breach in a limited company
Sosna, Jakub ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
The requirement to perform duties with reasonable care and loyalty under the threat of liability is a basic standard every corporate director must meet. The aim of this thesis is to analyse the content of this standard and liability within the context of new re-codification of Czech private law. In doing so, the author focuses on interpretative possibilities and problems that may occur. Chapter One is an attempt to connect the main topic with a broader context of law and economics knowledge in order to define leading requirements for company regulations. Chapter Two consists of three parts. Part One briefly describes content of fiduciary duties. Part Two refers to duty of loyalty. The author aims to answer a traditional task to whom the corporate directors serve. The author argues for so-called enlightened shareholder value model. This model requires director to promote the success of the company for the benefit of its shareholders as a whole. In doing so, they need to take into account the company's stakeholders' interests and the impact of the company's operations on the community and the environment. Part Three examines to what extend company directors have to exercise general knowledge, skills and experience that they are expected to have. Chapter Three investigates a task of director's...
When can a contract constitute the relation of influence or control and their potential consequences?
Bodnar, Tomáš ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
When can a contract constitute the relation of influence or control and their potential consequences? The aim of my thesis is the description of the regulation of group entities (with the exception of concern law) with emphasis on the possibility to establish such relationship by a contract. I am trying to prove that establishment of the relationship of influence and control is possible. I am further trying to prove that such situations are not common in practice. Controlling relationship established by a contract is even quite unique. Another aim of my thesis is to describe the legal consequences of group entities under the Act on Corporations, especially the compensation for damages. However I would also like to take into consideration other consequences of group entities within the Act on corporations.
Shares as Securities
Meričko, Milan ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
Shares as Securities The purpose of this Master's degree thesis is to analyse the general characteristics of shares as securities with regard to amendments contained in the Act No. 90/2012 Coll., on Companies and Cooperative associations (hereinafter the "Act on Companies") and the Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"). This thesis is composed of eight chapters, each of them dealing with different aspects of the aforementioned topic. Chapter One introduces the term "share" from the general point of view. Furthermore, this chapter contains a brief introduction into legal history of statutes, which were governing shares. Chapter Two explains the characteristics of shares as securities. The opening part of this chapter also focuses on the legal definition of security. Subsequently, this chapter deals with the provisions of the Act on Companies concerning the definition of share and the rest of this chapter examines various attributes of share with respect to the classification of securities. Chapter Three describes an issuance of share. This chapter is concerned with the legal regulation of issuance of securities and the process of issuance of shares governed by the Act on Companies. The last part of this chapter is focused on fractional value shares, which are referred...
Assignment of receivable arising from business relation, bulk assignment, factoring
Mintora, Martin ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Assignment of a receivable arising from a business relation, bulk assignment, factoring The thesis deals with several selected questionable issues related to the assignment of a receivable arising from a business relation. I have chosen this theme because the Czech legal theory doesn't offer satisfactory answers to all of the questions that arise from this topic. The thesis seeks to analyse the selected issues and to offer reasonable solutions to the problems relating to the selected issues. The method of the thesis is based on a comprehensive analysis of the relevant Czech case law as well as the relevant literature. The realized legal conclusions are afterwards put into a broader context and critically evaluated. The thesis is composed of ten chapters. Chapter One defines aims of the thesis. Chapter Two is introductory and explains the basic concept of the assignment of a receivable under the Czech commercial law. Chapter Three contains a basic overview of the receivables which are generally assignable under the Czech commercial law including the assignment of future receivables. It also deals with the topic of another assignment of a future receivable before its origin which is in my opinion allowable. Chapter Four describes cases of prohibitions of an assignment of a receivable. The chapter is...
Unnotified on-site investigation in competition matters
Hrubý, Hugo ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Unannounced on site inspections in competition The purpose of my thesis is to analyse unannounced on site inspections in the competition law with regards to the Czech and European Union legal system. The thesis is composed of six chapters. Chapter one is introductory and defines the aims of the thesis. Chapter Two briefly discusses the basic legal framework of this area of law. Chapter Three is subdivided into six subchapters and sets out the competence of competition authorities including the cooperation within the European Competition Network. Chapter Four consists of two parts and concentrates on problems resulting from specific administrative proceedings before the Office for the Protection of Competition. Chapter Five is composed of fourteen subchapters. Each of them deals with specific aspects and details of inspections in a broader perspective. Following the brief overview of national and European legal framework the text focuses on constitutional issues related to inspections, cooperation between the competition authorities and the police, right to seal the business premises, the nature of business and non business premises, the duty of cooperation, the examining of business books and other records related to the business, inspection protocol, imposition of fines and the most important...
Securities and booked securities - changes in legislation
Manderla, Matěj ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Securities and booked securities - changes in legislation The purpose of my thesis is to analyse enactment of securities in the New Civil Code. Current legislation in Act on Securities is not considered as satisfactory in many ways. Recodification of civil law brings a great opportunity to clarify current interpretational issues and approximate Czech law of securities to developed countries of Western Europe. In this thesis I shall asses if the new piece of legislation will be successful in achieving such goal. The thesis is composed of nine chapters, each of them dealing with different aspects of securities law. Chapter One is introductory and defines concept of a security and its historical development. Chapter Two deals with issues related to definition of a security in Czech law. It focuses on the absence of legal definition of a security in current Czech law and analyses definitions of jurisprudence. Chapter Two analyses the legal definition of a security in New Civil Code and addresses the issue of definition of a security in relation to booked securities. Chapter Three is concerned with a security as a subject of legal relations. The main issue addressed in Chapter Three is security as a tangible thing. Chapter Four concentrates on separation of securities represented by a certificate and...
New forms of cross-border transformation after the big amendment of the Transformation Act
Janíček, Marcel ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
The thesis deals with the new forms of cross-border transformation after the big amendment of the Transformation Act, which came to effect on 1 January 2012. The particular new options in the area of the cross-border transformations are analyzed in connection with the relevant case law of Court of Justice. The thesis follows the scheme of the Act, therefore the first chapter deals with general issues of cross-border transformations. This chapter identifies the conception of the cross-border transformation and then the categories of the entities which can participate in cross-border transformation. Then I deal with the various types of cross-border transformations. The first transformation analyzed is the cross-border merger. In addition to another the question of cross-border merger exclusively of Czech companies to foreign company is addressed in this chapter The next chapter deals with cross-border division. The special attention is paid to the possibilities of the cross-border division of societas europaea. The third chapter deals with the cross-border transfer of assets. Although even before the amendment the foreign person was allowed to take the assets of Czech company, Transformation Act now regulates this transformation much more in detail, including variation of the transfer of assets of a...
Termination of office of the member in a governing body of a limited company
Oulíková, Lenka ; Čech, Petr (advisor) ; Zahradníčková, Marie (referee)
Termination of office of the member in a governing body of a limited company (Vacation of Company's Directors) This paper examines the process of resignation of members of the organs of a company. It considers both protection of the member and the company. In the first part it analyzes several issues concerning the interpretation of section 66 of the Commercial Code on the basis of judicial decisions. It focuses on the following issues: the purpose of statutory provisions; ways to notify the resignation; on which day the resignation should have been discussed; who is obliged to summon the meeting and what consequences follow the breach of this duty. The Supreme Court has ruled that the protection of a company and its director is equally important. Resignation can be notified either at the meeting or delivered to the company. The director is obliged to do whatever may be reasonably required of him to ensure the organ concerned is given a real opportunity to discuss the resignation. If the director does not fulfill their duties and the resignation is not discussed, their tenure will not end. The end of the tenure cannot always be conditioned by convening the general meeting or placing the discussion of the resignation on the agenda. If a director cannot be rightfully required to summon the general meeting,...
The right of a company member to the share of profits in individual types of business company
Kusáková, Kateřina ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
The full title of my Master's degree thesis is Partner's Profit Sharing Right in Various Forms of Companies The aim of my thesis is to analyse the existing regulation governing the right to a share in profits in various kinds of companies, compare it with the amended law, which is already relevant, but still not in force. In the legal regulation concerning the profit sharing right there are still many questions that have not been described and solved in legal literature. There are also some issues that have been already solved by authors, but there are different expert's opinions on such issues. In my thesis I have attempted to compare all these opinions with the wording of the law. The thesis consists of twelve main chapters, including an introduction and conclusion of my thesis. Chapter One, Profit Sharing Right to Profit Share - basic definition deals with the meaning and importance of the profit sharing right. Chapter Two "Legal Sources" defines statutes and other legal sources to which the thesis refers. It specifies main acts important...
A business share as part of community property of spouses
Piklová, Eliška ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
Summary: Ownership interest in the joint property of spouses A thesis target represents above all the clarification of conditions, under which an ownership interest becomes a part of the joint property of spouses, as well as in what manner it can be realized. The accent is also put on questions relating to the treatment of ownership interest, being still part of the joint property of spouses. The position of another partner, not associated in a business partnership, doesn't escape notice, being for example closely connected with the institute of the so-called usual property administration (or administration in a legal context according to the terminology of the new Civil Code) etc. The chosen thesis topic encroaches on both the branch of business law and civil law; consequently both the sources of the two branches are used. In my considered opinion even afterwards, when the new legal regulations will enter into force, the most used jurisdiction and specialized literature stay relevant in light of explanation. However, new regulations also include some provisions, not known by current legal forms, this could unfortunately cause the exclusion of some conclusions of the expert public, having been accepted up to date. That's why the thesis has been elaborated according to the current legal regulations and the...

National Repository of Grey Literature : 426 records found   beginprevious243 - 252nextend  jump to record:
See also: similar author names
13 ČECH, Pavel
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