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Application of claims to bancrupcy proceedings
Horák, Milan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Application of claims to bancrupcy proceedings Abstract This thesis deals with claiming entitlements within insolvency proceedings. The aim of this thesis is to provide a comprehensive overview of formal requirements for creditors and all types of entitlements which can be claimed in insolvency proceedings regardless at what phase of the proceeding they originated. The thesis is approached with a practical point of view with the use of years of experience in the field of insolvency law. Practical consequences are stated in each chapter. The positives and negatives of individual amendments to the Insolvency act and proposals de lege ferenda are stated in the conclusion. Key words: claim, entitlement, insolvency proceeding, creditor
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The Rise of China and Its Impact on East Asia
Horák, Milan ; Karásek, Tomáš (advisor) ; Kučerová, Irah (referee)
History of international relations suggests that rising power brings challenges and creates unstable environment in the international system. This thesis deals with the rise of China and its implications to the East Asia region. China has experienced massive economic growth over the last few decades which is likely to influence the dynamics not only of the region, but also of the international system as a whole. There is an ongoing discussion in the academic literature regarding the rise of China. In this thesis, the offensive neorealism theory of John J, Mearsheimer is employed. This paper focuses on the region of East Asia, namely to Japan, South Korea and Taiwan. Since the region is heavily penetrated by the US power, its position is also discussed. The question is how China will behave when it gets more powerful and what strategies the neighbouring countries choose in order to deal with China's rising power. The theory assumes that rising great power strive to dominate its region in order to establish regional hegemony. The main aim of this thesis is to examine whether or not the aforementioned states act according to the prism of offensive neorealism.
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Circumvention of the law, real contents of legal acts and the abuse of law in relation to tax planning
Horák, Milan ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
The purpose of my thesis is to analyze and characterize circumvention of the law, real content of legal acts and abuse of law in relation to tax planning. To combat tax abuse tax administrator has these three instruments available which in turn set limits of tax planning. The thesis is composed of four chapters. Chapter One differentiates between tax planning, tax abuse and tax evasion as different methods of lowering tax liability. Chapter Two consists of four subchapters, first three containing analysis and characteristic of circumvention of the law, real contents of legal acts and abuse of law. Each of these subchapters builds upon general definition which is then refined by case law of the Supreme Administrative Court and concludes with typical cases. The fourth subchapter deals with "tax evasion by other means" which some authors consider a similar instrument. The third chapter summarizes the current legislative state of these instruments and offers some thoughts de lege ferenda. The fourth chapter contains deeper analysis of the most important case law relating to individual instruments. Chapter Four should serve the reader as a reference while reading Chapter Two. Thesis illustrates the most typical cases of each individual instrument and concludes that the abuse of law doctrine is the most...
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The Rise of China and Its Impact on East Asia
Horák, Milan ; Karásek, Tomáš (advisor) ; Kučerová, Irah (referee)
History of international relations suggests that rising power brings challenges and creates unstable environment in the international system. This thesis deals with the rise of China and its implications to the East Asia region. China has experienced massive economic growth over the last few decades which is likely to influence the dynamics not only of the region, but also of the international system as a whole. There is an ongoing discussion in the academic literature regarding the rise of China. In this thesis, the offensive neorealism theory of John J, Mearsheimer is employed. This paper focuses on the region of East Asia, namely to Japan, South Korea and Taiwan. Since the region is heavily penetrated by the US power, its position is also discussed. The question is how China will behave when it gets more powerful and what strategies the neighbouring countries choose in order to deal with China's rising power. The theory assumes that rising great power strive to dominate its region in order to establish regional hegemony. The main aim of this thesis is to examine whether or not the aforementioned states act according to the prism of offensive neorealism.
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Circumvention of the law, real contents of legal acts and the abuse of law in relation to tax planning
Horák, Milan ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
The purpose of my thesis is to analyze and characterize circumvention of the law, real content of legal acts and abuse of law in relation to tax planning. To combat tax abuse tax administrator has these three instruments available which in turn set limits of tax planning. The thesis is composed of four chapters. Chapter One differentiates between tax planning, tax abuse and tax evasion as different methods of lowering tax liability. Chapter Two consists of four subchapters, first three containing analysis and characteristic of circumvention of the law, real contents of legal acts and abuse of law. Each of these subchapters builds upon general definition which is then refined by case law of the Supreme Administrative Court and concludes with typical cases. The fourth subchapter deals with "tax evasion by other means" which some authors consider a similar instrument. The third chapter summarizes the current legislative state of these instruments and offers some thoughts de lege ferenda. The fourth chapter contains deeper analysis of the most important case law relating to individual instruments. Chapter Four should serve the reader as a reference while reading Chapter Two. Thesis illustrates the most typical cases of each individual instrument and concludes that the abuse of law doctrine is the most...
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The motion analysis during warm-up before the basketball match in our elite leagues
Horák, Milan ; Kaprálek, Tomáš (referee) ; Velenský, Michael (advisor)
Title: The motion analysis during warm-up before the basketball match in our elite leagues Goal of the graduation thesis: The description of content and the structure of warm-up exercises on the base of indirect observation (videorecord) and heart-rate meterning, efore the basketball matches of chosem men and women teams in our top league. Method: The specialized literature, method of indirect observation (videorecord) and heart- rate meterning was used for the acquirement of necessery information. Collected data was statistically processed. Results: The results explains representation of exercises in warm-up. All the data are graphically presented. Monitored hypotheses are corfirmed or refutated. Keywords: warm-up, preparing for performance, basketball.
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Freedom of Establishment of Companies in European Law
Horák, Milan ; Grmelová, Nicole (advisor) ; Patočka, Radim (referee)
States have traditionally dealt with foreign companies on their territory within their private international law. The arrival of European law and enactment of freedom of establishment though considerably constrained capabilities of member states, whereas companies gained the right of establishment. The aim of this thesis is characterization and specification of the relationship between the freedom of establishment, member states and companies incorporated under laws of member states. The main focus of this thesis is analysis of ten most important cases by the Court of Justice of the European Union concerning the freedom of establishment of companies, which significantly transformed mentioned relationship. Subsequently the thesis summarizes the conclusions of analyzed cases by subject of evolution of primary and secondary freedom of establishment, standing of pseudoforeign companies, conformity with incorporation theory and real seat theory and lastly ways of statutory and/or real seat transfer. The main contribution of the thesis is the very detailed case law analysis, including the newest case Vale from July 12th 2012, and also the case law classification by object.
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United Nations Convention for Contracts for International Sale of Goods
Horák, Milan ; Trávníčková, Zuzana (advisor) ; Kochan, Jan (referee)
The goal of this thesis is analysis of CISG significance, especially practical impacts since 1980 till present, and the analysis of selected conceptual problems of CISG, which need to be considered when CISG is applied. This thesis shall broaden very limited amount of Czech literature concerned with general practical approach to CISG in contrast to interpretation of individual articles or pure legal theory. First part briefly defines historical development of beginnings of unification and harmonisation in the area of sale of goods and further the origin of CISG. The significance of CISG in second part of the thesis is considered in relation to international trade, international law and harmonisation of legal orders in the area of civil law. Second part analysis reasons why and how is CISG so significant for these areas. The third part deals with selected conceptual problems: six official language versions, breach of art. 7 par. 1 CISG, automatic opt-out under art. 6 CISG and state reservations and their consequences.
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