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An arbitration clause for international commercial arbitration and its impact upon presumed arbitration proceedings
Plánička, Ondřej ; Růžička, Květoslav (advisor) ; Horáček, Vít (referee)
62 International arbitration clause for international commercial arbitration and its impact on the possible following arbitration proceedings The purpose of my thesis is to generally describe and analyze position of the arbitration clause in international business arbitration. Due to the significant prestige of the international arbitration as one of the methods of alternative dispute resolution I found interesting to inspect the impact of the arbitration clause on the possible following arbitration proceedings. Main goal of the thesis is to analyze possible modifications of wording of the arbitration clause in comparison to the alternations of the proceedings. Since the thesis is focused on the international arbitration as the keystone of the governing arbitration rules were considered corresponding parts of the Czech legislation as well as the rules issued by the leading institutions on the field of international arbitration, such as the International Chamber of Commerce or London Court of International Arbitration. Body of the thesis is divided into six chapters going from its very beginning to the end through the drafting process of the arbitration clause. At the beginning are elaborated main principles and essentials of the arbitration clause, such as types of clauses, necessary, recommended and...
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Comparison of the legal regulaltion of residential cooperatives and unit owners' assotiations
Gajdošíková, Jarmila ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee)
This thesis deals with two legal forms of housing. These are residential cooperatives and unit owners' associations. The thesis deals with these two forms advisedly. The text will be divided into several parts - at first the historical process of both forms because it's routes influent the contemporary legal framework, the description and the analysis of both forms, the analysis of basic topics with implemented decisions of czech courts. The main method is the comparative method which is very proper and it shows points of views how to compare these two topics. The intention of the thesis is to analyse and compare the contemporary legal framework of residential cooperatives with unit owners' associations.
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A comparison of Czech and German legal regulation of unfair competition with regard to european law
Vacková, Linda ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The topic of this diploma thesis is legal regulation of unfair competition law, namely comparing Czech and German law in reference to EU law. Unfair competition law, one of the two branches of competition law (economic competition law), is a body of law prohibiting particular conducts in economic competition and setting out sanctions for a violation of these prohibitions. The central term of the entire thesis - unfair competition contains those cases in which someone abuses and deforms competitive environment in an unfair way. Unfair competition may be defined as a competition which someone spoils, hides something, or behaves in a dishonest, immoral, or unsatisfactory manner. This thesis is divided into four chapters. In the first chapter the purpose of this thesis, a reason of having regulation of competition law as well as legal terms and definitions are laid down. The terms of competition in general, economic competition, competition law, and unfair competition are introduced. Furthermore, the second chapter is to present relevant legal sources of unfair competition law. It deals with constitutional bases, primary legislation, and EU law. The topic of the third chapter aims to introduce a vertical and horizontal competitive relationship. It is set out the meaning of legal persons which...
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Concluding a procurement contract
Svoboda, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this thesis is to provide a comprehensive analysis of the issue of the concluding of public procurement contracts. The thesis provides both an analysis on the conclusion of public procurement contract by itself, so the comprehensive overview and analysis of the acts required to the conclusion of public procurement contract. The thesis is divided into chapters. The first chapter provides the general definition of the public contracts. Next chapters chronologically describe the different phases of procurement procedure as follows: the phase before start of procurement procedure, the phase of procurement procedure, the phase of conclusion of public contract in the strict sense and the phase after the conclusion of contract. Separate chapter concerns the means of defense against the conclusion of public contract in breach of the applicable law.
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The Acting of an Entrepreneur in Undertaking Business in Sports
Lávičková, Kateřina ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The Acting of an Entrepreneur in Undertaking Business in Sports The aim of my thesis is to analyse sports from an entrepreneur's point of view taking into account my concern for the just recently developing field of sports law in connection with commercial law. Having defined the meaning of an entrepreneur in the introductory chapter I subsequently refer to particular subjects - be it individuals or legal entities - that can be assigned to this term. The second chapter deals with the acting of entrepreneurs, especially with possible types of such acting according to Czech law. I hereby distinguish between the acting of individuals and legal entities. After describing possible ways of contractual and legal representation I examine the acting of commercial companies by their statutory bodies. The third chapter is concerned with the acting of entrepreneurs in view of the present legal system of the Czech Republic on the one hand and the European Union on the other. Hereby I give an outline of the meaning of sports with regard to law and business also taking into consideration the important "Bosman ruling" of the European Court of Justice. An own subchapter is then dedicated to sports law itself. Here, I discuss several opinions on sports law as an independent area or even an independent field of law....
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Bills of exchange in the recent practice with special regard to types and admissibility of causal objections and relating decision-making
Švarc, Jan ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
in English The thesis aims especially on questions concerning law of exchange which are not satisfactorily answered yet neither by academical community nor by judicial decisions made by the Czech courts and those which should be, from the point of my view, answered differently. In the first chapter, I tried to critically review various doctrinal definitions of bill of exchange and to draw up my own definition which affects bill of exchange complexly in its entireness. Second chapter is divided into three subdivisions chronologically. First subdivision refers to proofs of ancient documents congenial to contemporary bills of exchange. I have come to conclusion that the existence of bills of exchange can be proven as far as the beginning of the first millenium. Institute simmilar to the one of bill of exchange may be found in the Roman civil law. The second subdivision of second chapter assays medieval bills of exchange very thoroughly more than any other thesis on the same subject. All my ideas given are supported by quotations. The third subdivision briefly explains development of law of exchange in the modern period. The third chapter is dedicated to the general purpose of law of exchange and its modern usage with extra amount of attention paid to blank bills of exchange and collateral drafts....
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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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Competition Law - Control of Concentrations between Undertakings
Luptáková, Lucia ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The subject of this thesis is the control of mergers as it is regulated by Czech laws. Control of mergers is one of the cornerstones of competition law. Competition is an important attribute of the market oriented economies all over the world. Since it is not capable of self-regulation it is necessary to set limits for the behavior of the subjects that are taking part in this competition. These limits are set by competition law. The topic is divided into three chapters. The first chapter contains definition of the term competition, in the second there are described basic terms common to all areas of competition law, while at the end of this chapter there is a description of these areas. In the last chapter focus is on control of concentrations itself in the ambit of Czech law. The aim of this work is to describe merger control as it is provided by Act No. 143/2001 on Protection of Competition (ZOHS). The emphasis is on describing different forms of merger and their characteristics which must be met so that a certain transaction could be classified as a merger. Furthermore, this work provides information on conditions that must be fulfilled so that a merger, division of a company and termination of the company accompanied by transfer of assets to its partner - according to the Czech law on...
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Protection of Economic Competition - Agreements Violating Competition
Kianková, Lucie ; Horáček, Vít (advisor) ; Josková, Lucie (referee)
Protection of Economic Competition - Agreements Violating Competition The aim of this thesis is to investigate and analyze legal relations arising from the anti-competitive agreements according to Czech law on the one hand and according to European law on the other hand. The thesis emphasizes analysis of the relevant judicature of respective courts and public authorities because this area of law is significantly amended by the case law. The first chapter defines and specifies general terminology regarding protection of economic competition. This part provides comprehensive interpretation of the relevant legal regulations regarding anti-competitive agreements, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter author focuses on the issues of anti-competitive agreements and gives their analysis in terms of form, participants and their distinction. Further, this chapter includes demonstrative specification of the particular state of facts of anti-competitive agreements. The last chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature of respective courts and public authorities. Author chose two cases decided by Czech courts and two European cases. The cases have been chosen...
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Trademarks and Their Practical Application on Business Competition
Vodičková, Tereza ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
I have chosen this topic because of my deep interest in the intellectual property rights and trademark issues especially. I consider trademarks one of the essential parts of the contemporary private law system, although it is very complicated to decide whether it pertains to the commercial law branch or to the civil law. Trademarks have connection to both the branches, but its legal provisions are highly specific and independent. The contemporary popularity of trademarks grows rapidly thanks to its major usability in practical life. Trademarks are irreplaceable, especially when there is a need to distinct between identical or similar goods and services that are offered by different producers or providers and are useful also, when there is a need to represent goods and services on the market. The trademarks can also be licensed, contractually transferred to other legal entity or can be the object of a deposit. The usability of the trademarks can be found also in their use as an immaterial investment in a company. I have chosen the trademarks topic because of its high practicality and because of creativity and originality of this legal branch. This thesis attempts to describe and analyze the trademark issues comprehensively focusing on the present legal regulation of this discipline. The thesis is...
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