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A governing body acting beyond its powers
Koráb, Jan ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Name: A governing body acting beyond its powers Recodification of civil law has changed the way in which business corporations have been acting. Governing body members are currently representing trade corporations as its representatives. This shift, which is that governing body members became the representatives of business corporations opened the possibility of discussion about the nature of authorization of governing body to act on behalf of the trade corporation and about the possibility of acting beyond its powers. My thesis was called "A governing body acting beyond its powers". I used as a base for this work the wide authorization that governing body possesses in acting on behalf of the trade corporation and its possible limitations by law. Work has been divided into following main chapters. In the chapter dedicated to the basic terms I wrote about the definiton of governing body, the legal capacity of a legal person and character of governing body acting on behalf of the trade corporation, which is according to me sui generis. Another chapter was devoted to the possibility of acting beyond its powers. Inner division of this chapter is based whether the consequences of acting beyond its powers applies only inside or outside as well. The chapter about the proper form of acts on behalf of trade...
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The most frequent misconducts of contracting authorities in procurement process including case law
Tomková, Miroslava ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
This thesis deals with the most frequent misconducts of contracting authorities in procurement process and also includes relating case law. However public procurement belongs to commercial law, its specific legislation makes it "sui generis". It means that public procurement in the Czech Republic is to a certain extent independent. Public procurement is also very emerging field of law. Since 1995, when the first comprehensive legislation came into force, contracting authorities had to become acquainted with 4 different legislations governing public procurement. It is already known, that in 2016 a new legislation governing public procurement will come into force. Familiarization with each legislation can be, especially for less technically proficient contracting authorities, severe and leading to misconducts in procurement process. The purpose of my thesis is to analyse the most frequent misconducts of contracting authorities in procurement process and introduce the procedure which should be govern by contracting authorities so they would proceed in accordance with the law. The reason for my research is to bring answers for complicated, but also elementary problems that contracting authorities have to deal with in procurement process. The thesis is composed of twelve chapters, each of dealing with...
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Proving qualification requirements in public tenders
Křížová, Iveta ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
"Proving qualification requirements in public tenders" This rigorous thesis deals with the regulation of public procurement law with an emphasis on skills. In the Czech Republic is newly effective law No. 134/2016 Coll., about public procurement which was accepted in the context of the new European procurement directives. The law on public procurement, respectively provision relating to proof of qualification, is based on the Directive of the European Parliament and Council Directive 2014/24/EU on public procurement, which repeals a previous procurement Directive 2014/18/EC. The new European procurement directives follows the trend of full computerization of public procurement, when this has obviously affected or soon will affect proof of qualification in public procurement. This rigorous thesis was taken into account previous legislation, when it was confronted with the new legislation.The authority during the procurement have to take into account current decision-making practise of supervisory authorities. It would seem that this duty is repealing now, because the decision-making practise of the law on public recruitment is still very poor. The opposite is true and I try to point out in this rigorous thesis. The authority could use existing decision-making practise adequately in many situations relating...
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A legal person as a member of an elective body of a limited company
Borkovcová, Petra ; Zahradníčková, Marie (referee) ; Horáček, Tomáš (referee)
130 A legal person as a member of an elective body of a limited company Abstract This thesis deals with one of the significant novelties in Czech company law adopted in connection with the recodification of private law, namely the general option to appoint a legal person as a member of a statutory, supervisory or another elective body of a limited company, i.e. limited liability company or joint stock company. The thesis presents the topic in a broader context and it is aimed to provide the reader with a basic idea of what the benefits and the risks are, which this concept brings into Czech law, and how usable it is in practice. For this purpose, an overview is given of how foreign legal orders regulate the membership of legal persons in elective bodies of limited companies, the extent to which this concept is widespread (not only in Europe) and what the existing, both positive and negative, experience is. Particular attention is paid to the legislation in Great Britain, because in this country, the issue of membership of legal persons in elective bodies of limited companies is currently being subject to breakthrough (albeit not yet effective) legislative changes consisting in a general ban on appointment of a legal person as a member of an elective body of a limited company. The thesis is divided into four...
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Protection against irregular practises of contracting authority
Ducháček, Tomáš ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis deals with the protection against irregular practises of the contracting authority in awarding public contracts. I analyzed part of the Government Procurement Act on Review Procedures, including some of the regulatory impacts. The introductory part of the thesis is followed by a chapter explaining the basic concepts of the issue. In the chapter three, I deal mainly with the institute of objections and blocking deadlines that prevent the contracting authority from entering into a contract. Next chapter is dedicated to the proceedings before the Office for the Protection of Competition, from the submission of the petition, through the deposit institution or the newly established obligation to pay the claim fee, the specific differences in the proceedings before the Office against the standard administrative procedure are highlighted, up to the possible ways and reasons of the termination of the administrative procedure. Appeals against the Office's decision, including possible appeals to the administrative court, are the subject of chapter five. In the end, I summarize the lessons learned, I respond to the questions asked in the introduction and I come up with considerations about legislation. Personally, I consider the analyzed legislation to be quite good. I consider the strengthen role...
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Entering into a public contract
Kuchař, Roman ; Horáček, Tomáš (advisor) ; Elek, Štefan (referee)
Awarding a public contract pursuant to Act No 134/2016 Coll., on public procurement, is aimed at creating a specific obligatory relationship between a contracting authority and a selected contractor, essentially on the basis of a previous tender procedure, unless the law specifies otherwise in the given case. The tender procedure is a special arrangement for the pre-contracting and contracting process, which takes place in a binding, legally defined procedure differing from an ordinary private-law contract, even though it is also a private-law procedure according to the predominant doctrinal and case law opinion. The topic of this diploma thesis is an analysis of the specifics of the contract process leading to the conclusion of a public contract, in order to draw attention to its similarities and also to the differences when compared to general private-law contracting. The thesis is divided into three parts, the first of which, primarily deals with the Act No 134/2016 Coll., on public procurement, its classification in systemic law, its relation to the EU public procurement regulation, the nature of tender procedure (specifically open procedure) and the public contract. The key charter is then dedicated to the award of a public contract, followed by the last section on changes to already concluded...
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The process of contracting and change of public procurement contract
Kubeš, Jiří ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
79 Abstract The method of entering into a contract in public tenders according to Act. No. 134/2016 Coll. is a civil contractual process with a high degree of formalization and legal regulation. This makes it different from the general contractual process in civil law. The first chapter of this thesis is devoted to the analysis of public tenders in terms of setting up the legal framework. It goes into a conclusion that contractual process in public tender is part of the civil law with the subsidiary use of civil law rules, especially the Civil Code. The second chapter deals with a contractual process in a public tender itself. The process is divided into two phases - a precontractual phase and contractual phase. The precontractual phase includes procedures of the public tender that determine the clarification of content of the contract and the range of contractors. The contractual phase contains mainly the actual entering into a contract with successful tenderer. The chapter describes the specificity of the contractual process in a public tender since the announcement of the tender up to the actual entering into a contract. These specificities are introduced in relation to the open procedure being used in upper-tier mode. At the end of the chapter, there is a comparison with other types of proceedings and...
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The procurement documents and evaluation of the tenders in the excessive level from the perspective of the new law on public procurement
Palla, Kristina ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
English abstract The procurement documents and evaluation of the tenders in the excessive level from the perspective of the new law on public procurement In this thesis I tried to deal with the current legislation of public procurement in the excessive level with focus on procurement documents and evaluation of tenders. The new Act on Public Procurement became effective in October 1, 2016. As a result of such a short period of its effectiveness its subject matter has not been comprehensively elaborated yet and vice versa it provides a very wide scope for discussions and expert opinions. The aim of my thesis was mainly to summarize the legislation of procurement documents and evaluation of tenders and to assess the impact of the new legislation in practice, both from the position of the contracting authority and the supplier, including the applicability of the existing case law on relevant legal issues. For purposes of my thesis I used the available sources and literature. Also I prepared anonymous questionnaires which were sent to the attention of contracting authorities, suppliers or administrators of public contracts (especially lawyers dealing with public procurement), to receive their reactions to specific questions. I really appreciate this source of information because via these questionnaires I...
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Members of Individual Types of Business Companies
Radoměřská, Jana ; Horáček, Tomáš (advisor) ; Černá, Stanislava (referee)
The presented thesis with the title "Members of Individual Types of Business Companies" deals with the analysis of the legal status of companies' partners. The primary aim of the thesis is to identify and describe in detail the most fundamental aspects that define and influence the participation of members in particular forms of business companies, and, in the final consequence, the very nature of these entities. The main subject of this thesis is a member's relationship, which represents a binding line between a business company and partners as individuals. Through the examination of particular elements of this legal relationship including specific ways leading to its creation or termination within each type of the business company the differences in the legal status of subjects of these entities are determined. The issue of partners' legal status regulation is analysed from the perspective de lege lata, while in suitable cases the positive law is compared with the preceding legislation. The goal of such a comparison is to declare the evolution in the normative solution to a particular question. The thesis also deals with some parts of company laws which are problematic in terms of interpretation. Using the interpretative rules, I am assuming a viewpoint of my own in order to overcome the...
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A governing body acting beyond its powers
Koráb, Jan ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Name: A governing body acting beyond its powers Recodification of civil law has changed the way in which business corporations have been acting. Governing body members are currently representing trade corporation as its representatives. This shift, which is that governing body members became the representatives of business corporations opened the possibility of discussion about the nature of authorization of governing body to act on behalf of the trade corporation and about the possibility of acting beyond its powers. My thesis was called "A governing body acting beyond its powers". I used as a base for this work the wide authorization that governing body possesses in acting on behalf of the trade corporation and its possible limitations by law. Besides governing body acting beyond its powers I focused in this work on two other types of acts that although they are done within its competence, aren't done in accordance with the law and the partnership agreement. Work has been divided into three main chapters. In the chapter about governing body acting beyond its powers I examined the possibility of governing body to act beyond its powers in relation to limitation of authorization that governing body possesses in acting on behalf of the trade corporation and the applicable law. Another chapter was...
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