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Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations)
Král, Tomáš ; Horáček, Tomáš (referee)
Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations) Abstract The thesis deals with time of performance of an obligation from the perspective of private law and focuses on entrepreneurs' obligations. The aim of the thesis is to provide a comprehensive description and analysis of the topic. Time of performance is analysed while employing functional approach and its relationship with other legal institutes is emphasized. The thesis is divided into five chapters. It starts with general subjects and ends with the special ones. The first chapter provides a general introduction to the topic. Time of performance is classified within the law of obligations and its functions are analysed. Then there is a comparative excursus, which is made use of later in the thesis, that focuses on prerequisites of remedies for non-performance. The thesis then focuses on terminology (time of performance, maturity, ability to perform) and on the concept of time in the field of law. In the second chapter, cases where time of performance is determined in advance (Section 1958 para. 2 CC) are analysed and particular sources of time of performance are illuminated. The third chapter deals with cases where time of performance is not determined in advance and depends either 1) upon the will of a creditor (Section...
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Franchising in the Context of Competition Law
Horáčková, Iva ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
Thesis: Franchising in the Context of Competition Law Author: Iva Horáčková English Abstract In the paper called "Franchising in the Context of Competition Law", the author deals with a topic that has not yet been elaborated in detail in Czech legal science. As in Czech law, there is no special regulation regulating franchising, there are no more detailed studies that would address the individual issues of the franchise relationship. Franchising as a form of enterprise is being often used in the Czech Republic and the numbers of franchise chains operating here are increasing every year. Therefore, it may be assumed that urgent events from practice will generate a deeper interest of legal science in franchising in the future. In the introductory explanation, the author clarifies the essence of franchising and distinguishes the franchise contract from the variety of contracts regulated by the Civil Code. However, the main topic of this work is the conflict between franchising and competition law. The work examines the aspects of both public law and private law. The European Union's regulation is taken into consideration particularly in the analysis of individual issues related to the protection of competition. The interpretation is also amended by an overview of decisions passed by the European Court of...
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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...
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Specific aspects of sector public procurement
Beran Kulhavý, Daniel ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
1 Specifics aspects of sector public procurement Abstract This diploma thesis describes the Czech legal regulation of sectoral public procurement. The aim is to provide a comprehensive view of this issue. Legislation of sectoral public procurement is a sector of public procurement law which is also specific in that it also affects private entities. The thesis is divided into two basic parts. The first part describes the key topics of awarding sectoral public procurement. There is described the principle of determining the sectoral public contract, the difference of this concept compared to the previous legislation, the identification of persons who can become public contracting authorities and the definition of other terms that are typical for sector public public sector contracts. Furthermore, the issue of relevant activities in the gas, heating, electricity, water, transport, land use areas, airport and port services, postal services and mining is described in detail. The analysis of related case law is also described in the context of determining relevant activities. The second part analyses the special provisions for the award of sectoral public contracts public sector contracts, which is regulated by special provisions against the general regime. Particular attention is paid to the exceptions for...
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Compensation for damage caused by defective product
Sedláček, Jakub ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
79 Summary This diploma thesis deals with selected aspects of product liability. The main aim of this thesis is to conduct critical analysis of aspects related to the concept of product and its defects. The thesis analyses the legal rules contained in Sec. 2939 - 2942 of Act No. 89/2012 Coll., as amended, in the light of the Council Directive 85/374/EEC of 25 July 1985 on the approximation of laws, regulations and administrative provisions of the member states regarding liability for defective product, which is transposed into Czech law by these provisions. Although product liability has been part of the Czech legal order for more than twenty years, it still contains many unclear or controversial issues which are addressed in this diploma thesis. The thesis takes into account analogous legislation in Austria and Germany. The first part of the thesis describes product liability in a general way allowing to understand its purpose and systematics. The second part is devoted to the analysis of the purpose of Directive 85/374 and defines the consequences stemming from its EU origin, which must be taken into account in the interpretation of domestic legislation. The third part contains an analysis of the notion of product and offers a solution to the disputed issue concerning the subordination of intangible items...
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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions This thesis focuses on contracting with standard commercial terms between entrepreneurs. There are higher demands on the mentioned subjects, and therefore, in these cases, the provisions of the Civil Code governing the standard commercial terms will be interpreted differently than in the case of entrepreneur - to - consumer relationships. At first I will try to define the notion itself of business obligations and standard commercial terms. The thesis prefers material understanding of the standard commercial terms. In the other parts, the thesis deals with the function and division of commercial terms. The Civil Code draws the line between standard commercial terms prepared by professional or interest organisations and other standard commercial terms. On that mentioned professionals or interest organisations do not exist any further qualitative or quantitative requirements. This type of standard commercial terms are in the privileged position as to its incorporation. To be the standard commercial terms able to became the valid part of the contract, the link on that terms has to exist. They have to be futther attached or known to the parties. These steps are described in detail. If the standard commercial terms became valid part of the contract,...
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Loan Agreement, focusing on Position of a Bank as Creditor
Bartušková, Klára ; Horáček, Tomáš (advisor) ; Elek, Štefan (referee)
This viva focuses on the issue of loan agreements, from the viewpoint of the bank as the loan creditor. The introductory chapters are devoted to specifying the loan concept and its role in economics, and also the legal definition of a loan agreement and its historic development. The following chapters define the terms for valid origin of a loan agreement and define its contracting parties. Emphasis is placed on specification of the position of the bank as the creditor. The next part of this paper acquaints the reader with individual issues of existing loan agreements. This particularly concerns the topic of drawing and repaying the loan, currencies, the value and interest on the loan and the topic of security, general business terms and conditions and finally also the issue of immediate maturity of a loan. This is followed by chapters devoted to execution of rights arising from the loan, with the understanding that emphasis is placed on the methods representing a more effective alternative to the standard finding procedure. Direct sale, notarial records with an immediate enforcement clause and the institute of assignment of receivables are also discussed. A chapter devoted to the arbitrality of disputes arising from loan agreements is also included. The amendment on arbitration proceedings, which...
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The status of persons placing public contracts in specific sectors
Kolář, Filip ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
The status of persons placing public contracts in specific sectors Abstract The topic of the thesis is the position of the utilities contracting authority. Although the new regulation, ie Act No. 134/2016 Coll., On Public Procurement, as amended (the "Act") does not explicitly include the term "utilities contracting authority", the concept of public procurement regarding utilities has remained de facto preserved. To emphasize not only this but also some other vital facts, the thesis compares the contemporary legislation with the previous legal regulation of the matter. At the same time, the thesis attempts to take a comprehensive approach to the area of public sector (utilities) procurement and its specifics, in particular through comparisons of legislation affecting the award of utilities public procurement and oteher public procurement in general. In the first part of the thesis I define concepts that are fundamental to the subject of this thesis, ie terms such as "contracting authority", "public contract", "dominant influence", "special or exclusive rights"or "relevant activity. Other parts of the thesis are devoted mainly to utilitis specifics and "reliefs". Gradually, I first draw attention to the obligation of the contracting authority to award only an above the treshold utilities public procurement...
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The issues of in-house procurement (vertical cooperation and utilities in-house model)
Besplakhotnaya, Liliya ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is a detailed analysis of the whole process of in-house public procurement in general and also an in-depth analysis of both its forms - vertical cooperation and utilities in-house model. Information used for the topic of this diploma thesis was obtained mainly from the legal regulation of the Czech Republic and also the EU regulation, the expert publications and articles dealing with the legal regulation of public procurement and the in-house procurement itself, internet sources and the case law of the Court of Justice of the European Union and of the Office for the Protection of Competition. To complete this diploma thesis descriptive analytic approach was used as well as a linguistic, comparative and teleological methods of interpretation. This diploma thesis is divided into four main chapters, while the short opening chapter contains a description of the general meaning and definition of both forms of in- house procurement. The first main chapter examines the beginnings and development of the in-house procurement in European Union law and in relevant case law of the Court of Justice of the European Union. The second chapter is focused on the conditions of the in-house procurement regulated in the legislation of the Czech Republic, while analyzing the quality...
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Secondary objectives in public procurement
Bém, Matouš ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The thesis provides a comprehensive analysis of the horizontal policies in public procurement with the aim to determine whether public procurement may be used as a legitimate tool in the pursuit of such policies. Horizontal or secondary policies refer to the policies not inherently connected to the functional objective of public procurement - i.e. to the purchase of goods and services. These may among other strike at social or environmental issues. For this purpose, the descriptive and analytic methodics are used. The case-law of CJEU was the primary source of the thesis along with the relevant literature and both EU and Czech legislation. The thesis is structured into two chapters. The first chapter provides essential introduction to the legislation in place in respect of the horizontal policies in public procurement. The second part of the chapter then analyses relevant case-law of CJEU. Particular attention is paid to the case law in respect of public procurement used as a tool to pursue employment policies. The second chapter named taxonomy of horizontal policies elaborates on the relationship between economic and legal aspect of the public procurement in general. It quickly comes to the conclusion, that the contracting authorities must deal with both the legal and economic aspects of public...
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