|
|
Dispute Resolution in Construction Projects according to FIDIC Contract Forms
Štolba, Petr ; Klee, Lukáš (advisor) ; Horáček, Tomáš (referee)
and Keywords Dispute Resolution in Construction Projects According to FIDIC Contract Forms The aim of this work is to provide an overview and analysis of individual dispute resolution mechanisms offered by FIDIC contract models. There have always been disputes in the construction industry, and it is certain that there will be disputes also in the future. These disputes often have their origins in poorly drafted contracts or in a lack of respect for the contracts as they exist. If a dispute arises, it must be resolved quickly and at minimal cost. Therefore, it is necessary that contracts contain an effective tool for dispute resolution. The FIDIC models contain this tool as an elaborate multi-stage dispute resolution system, which is presented in the context of Czech law and legal theory in four parts of this work. The first part contains a general introduction to the issue of the construction project, the world of FIDIC, and the introduction of individual models of FIDIC contracts. In the Czech Republic, the most frequently used FIDIC contract models for the adjustment of the relationship between the client and the contractor are the models from the 1999 rainbow suite; therefore the work emphasizes the introduction of their internal organization and individual instances in dispute resolution. The...
|
|
|
Amendment of public contract
Milev, Ivan ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Modification of a Public Contract Abstract The objective of this diploma thesis is to comprehensively analyze the regulations pertaining to modifications of a public contract, i.e. the obligation of the public contract according to the Public Procurement Act No. 134/2016 Coll. and according to European law, as well as to place it into the wider context of contract law according to Act No. 89/2012 Coll., The Civil Code. Furthermore, the aim of the thesis is to point out certain issues with the interpretation of the current legislation, as well as its shortcomings which have an effect on its applicability. The thesis is divided into five chapters. In the first chapter, general private law terminology is introduced － the obligation and the contract － which is then placed into the context of public procurement in the second chapter. The third chapter covers the main subject of this thesis, i.e. it outlines the purpose, history, context and structure of the current legislation and also presents the problem of placing the legislation of public contract modification into general civil legislation, all while respecting the autonomy originating from European law, which unavoidably creates conflicts which the author points out. In the fourth chapter, individual rules for determining substantial and non-substantial...
|
|
|
The content of duty to act with due managerial care
Brůnová, Marie ; Tomášek, Petr (advisor) ; Horáček, Tomáš (referee)
4 The content of duty to act with due managerial care Abstract This thesis looks at the various duties collectively called "due managerial care". None of the duties discussed in the thesis, which form the titles of the individual chapters, stands apart from the others. Their relationship to one another must be considered as a whole. In order for a person to perform due managerial care, there must be the cumulative fulfillment of all the duties discussed in the thesis, namely for each legal act that such a person is required to perform. The thesis is divided into five main parts. The first part offers a historical excursus, which illustrates the development of the institution of due managerial care. It then defines the range of people who are burdened with such a responsibility in the performance of their duties. It also outlines the procedural institution of the burden of proof and the related question of whether the duty of due managerial care is a legal-subjective or contractual-objective duty. The second part focuses on the duty of loyalty and describes the approach to understanding the interests of a business corporation. This part concludes with the question of whether the duty of loyalty continues after the position of a member of an elected body is terminated. The third part addresses the topic of...
|
|
|
Athlete as an entrepreneur
Perušič, Ondřej ; Horáček, Tomáš (advisor) ; Kohout, David (referee)
Athlete as an entrepreneur Abstract This thesis is focused mainly on the problematic of the athlete's role as an entrepreneur from the perspective of business law. Its goal is not only to describe the current situation and answer some questions related to the topic, but also to point out some very problematic facts and think about possible solutions to the very unsatisfactory situation of today's legislation on professional sports. In the first two chapters I would like to underline some specifics of the athlete's position as an entrepreneur and how it differs from the classic, normal entrepreneurship that we know. I would also like to emphasize quite serious lack on the field of terminology, that makes the necessary process of change even more difficult. Next two chapters will be focused on the two main aspects of athlete's entrepreneurship. First one concerns the contracts and obligations he is taking part in and the typical structure of legal bonds that it creates. In this chapter I would also like to describe the specific types of contracts that are either the most common ones or somehow unusual and specific for sports. The second chapter out of the two mentioned above will focus on the litigations that arise from these contrats or other legal reasons. I will only briefly introduce the problematics of...
|
|
|
Design contest in the context of public procurement
Gerychová, Kateřina ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This master's thesis deals with the topic of design contest as an instrument of the Act No. 134/2016 Coll., on public procurement, as amended, and explores the topic in its entirety, especially taking into account the practical obstacles to the implementation of design contests. The aim of this thesis is to comprehensively analyze the legal framework of the design contest both in theory and practice and, by doing so, to approach a relatively marginal yet interesting topic within the area of public procurement and draw attention to its problematic or unclear aspects. The thesis also takes into consideration the decision-making practice of the Office for the Protection of Competition as a body supervising the award of public contracts and compliance with specific public procurement procedures under the Act No. 134/2016 Coll., on public procurement, as amended. Increased attention is paid to the architectural design contests due to the numerical superiority over other types of contests. This is also the reason why this thesis takes into consideration the influence of the Czech Chamber of Architects as a professional self-governing organization. The thesis is divided into five main parts. The first and second parts are more of a theoretical nature, while the other parts are focused on practice and they...
|
|
|
Unilateral changes in commercial terms
Šípošová, Miroslava ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This Master's thesis deals with the topic of unilateral change of commercial terms and conditions. It focuses mainly on the contractual change regulated in sec. 1752 of the Civil Code which is to respond to the needs arising from the mass conclusion of business contracts. The main goal of this thesis is to evaluate the appropriateness of formulation of the provisions of sec. 1752 of the Civil Code with respect to its purpose declared in the explanatory memorandum. This thesis thus focuses on the Czech legislation and incorporates the relevant case law of the Czech courts and the Court of Justice of the European Union. In addition to the introduction and conclusion, the thesis contains two main chapters. The first chapter provides an overview of the general theoretical scope of commercial terms and conditions. It defines the concept of commercial terms and conditions, their types and divisions, the incorporation of commercial terms and conditions into contracts, including incorporation into adhesion contracts, and their possible content with emphasis on surprising arrangements and conflicts of commercial terms and conditions. The aim of this chapter is to highlight problems of interpretation and conflicts of opinions that are related to this theoretical framework. The second chapter is arranged from...
|
|
|
Responsible public procurement
Kubíska, Pavel ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Responsible public procurement Abstract The thesis deals with the issue of responsible public procurement in the Czech Republic. Responsible procurement in the context of this work means the award of public contracts in which, in addition to satisfying the primary needs of the contracting authority, the secondary needs are otherwise satisfied or partially satisfied, which is mostly enshrined in the adopted policies of the state. That means public funds are used at a maximum efficiency. The aim of this work is to describe the legal environment of public procurement in the Czech Republic and to describe the possibilities for responsible procurement, which Act No. 134/2016 Coll., On the award of public contracts to contracting authorities. This work is divided into an introduction, seven chapters and a conclusion. The first chapters are devoted to the sources of public procurement law and basic concepts. Furthermore, the basic principles of public procurement law are described here. The following chapters deal in more detail with the concept of responsible public procurement and the possibilities that the contracting authority has for such procurement, including a description of the possibility of using the Best value approach. Chapter six briefly focuses on the issue of responsible procurement and the...
|
|
|
Boilerplate contracts made by an entrepreneur
Iskendri, Fasih ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Boilerplate contracts made by an entrepreneur Abstract Boilerplate contracts or contracts of adhesion, as a distinctive category of contracts, were identified by legal doctrine as early as 1904. However, they were first introduced in Czech legislation only with the advent of the new Civil Code, which entered into force in 2014. At present, due to their practicality, they are the most widespread form of contract, which, thanks to the speed of conclusion, finds the greatest utilization in mass contracting, in areas with a broad base of demanding entities, typically consumers. Entrepreneurs played a crucial role in the formation of this institute, when they as primary producers and service providers utilized the potential of adhesion contracts and are still to this day their most common drafters. This diploma thesis deals mainly with the process of concluding bolierplate contracts by entrepreneurs. Emphasis is placed on the individual contractual phases, what are their specifics and how do they differ from the traditional individual contracting. The importance of the adhesive contracting isevaluatedfromtheperspectiveoftoday'ssocietyneeds . Each contractual phase and method of concluding is analysed and put into context with the real practice of consumer and business relations. The main purpose of the civil law...
|
|
|
The Community Trade Mark in Comparison with the National Trade Mark - Focused on the Unitary Character of the Community Trade Mark and the Absolute Grounds of Refusal
Beránková, Alena ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The Community Trade Mark in Comparison with the National Trade Mark - Focused on the Unitary Character of the Community Trade Mark and the Absolute Grounds of Refusal Abstract The Community Trade Mark system has existed since 1994 when the Community Trade Mark Regulation No. 40/94/EC was adopted. Even though the European system is younger than the national trade mark systems, one cannot say that it is a less successful system - particularly according to the number of registered Community Trademarks. The regulation of trademarks is very complex and for this reason I have decided to focus only on one part of the regulation, namely the unitary character, which represents a special characteristic of a Community Trade Mark - and further on the absolute grounds of refusal and their comparison in European and Czech trade mark law. The two systems for the registration of trademarks show considerable resemblance; however, one shall find differences, e.g. an integration of bad faith as one of the absolute grounds of refusal appearing only in the national system. The purpose of my thesis is to compare the two systems of trademarks - the Community level and the National level, and to provide readers with clear guidance regarding the general rules applicable within the registration. I will do this through an analysis...
|
|
|
Members of individual types of business company
Štěrba, Petr ; Horáček, Tomáš (advisor) ; Štenglová, Ivanka (referee)
Resumé RIGHTS AND DUTIES OF MEMBERS OF INDIVIDUAL FORMS OF BUSINESS COMPANIES This dissertation concentrates on the differences between the status of the members of the particular forms of business companies. The first chapter introduces into the basic institution as business company, member of a business company and share of business company in relation of rights an duties of members. In second chapter I aim to selected rights and duties generally. The overview is focused on the selected rights and duties of the members, which are: obligation to pay up the contribution, right to participate of the business company, right for the profit of the business company, obligation to bear the loss of the company, the duty to be liable for the obligations of the company. I also pay attention to the selected rights and duties of members of business companies which is being married. It caused specific relations, which I focused on. I founded several related interpreting problems in particular regulations there. The rights and duties of the members of business companies depend especially on whether character of the business company is personal company or capital company. The third part gives a overview of the particular forms of the business companies regarding to selected rights and obligations. The particular forms...
|
guest ::
