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Insolvency of a Controlled Person and the Consequences for the Corporate Group
Hlavatý, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
This thesis deals with the insolvency of a controlled person and its legal consequences for a corporate group under the Companies Act and the Insolvency Act. The aim of this thesis is to outline the consequences of the insolvency of a controlled person under the Companies Act for the controlling person of the corporate group and to analyse the special regime of the Insolvency Act affecting the other members of the corporate group in the insolvency proceedings of the controlled person. It begins by discussing the concepts that are central to this thesis, particularly with regard to their conceptual background. The subsequent chapter examines the consequences of the insolvency of a controlled person for the controlling person under the Companies Act. Particular attention is paid to the consequences of the insolvency of a controlled person caused by the conduct of the controlling person under the business groups regime and the action to supplement liabilities. The thesis in this part evaluates the business groups regulation and deals with the cases in which a duty may be imposed on the controlling person under an action to supplement liabilities. The thesis also discusses the provisions of the Insolvency Act that contain special rules for members of the same corporate group as the debtor. In this...
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The status of a sportsman as an entrepreneur
Trampota, Lukáš ; Tomášek, Petr (advisor) ; Liška, Petr (referee)
The status of a sportsman as an entrepreneur Abstract This thesis deals with the issue of the status of a sportsman as an entrepreneur in the Czech legal environment. Although it is an area that is still overlooked by the legislator, it is still a topical issue. Professional sportsmen are basically free to choose their status, and one of the options is to act as an entrepreneur. The aim of this thesis is to analyse in more detail the features of entrepreneurship and then to assess whether sportsman in individual and collective sports fulfil these features. The thesis is organized into five main chapters. In the first chapter, the terms sport and professional sportsman are generally defined. Next, the current situation of the position of professional sportsman in the Czech Republic is briefly outlined. The second chapter then examines the concept of entrepreneur, especially considering the individual features of entrepreneurship. These are analysed in more detail while also selected case law is mentioned. Finally, the extension of the definition of an entrepreneur to include persons who may not in fact be entrepreneurs, but will nevertheless be considered entrepreneurs, is also indicated. In the third chapter, it is then assessed whether professional sportsman fulfil the individual features of...
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Rights and obligations of an entrepreneur in timeshare
Doan, Son ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Rights and obligations of an entrepreneur in timeshare Abstract The thesis analyses the rights and obligations that arise for an entrepreneur from a timeshare. The aim of this thesis is to analyse what rights and obligations of an entrepreneur specifically derives from a timeshare and on what legal basis. The thesis consists of seven chapters. The first chapter is devoted to the definition of key terms that are subsequently used in the thesis. These are in particular the consumer, the entrepreneur and the timeshare. Within this first chapter, the concept of timeshare is specified by extending the scope to other contracts that have been defined under Directive 2008/122/EC of the European Parliament and of the Council. Timeshare thus constitutes only one of the four types of performance related to timeshare. The other performances are a long-term holiday product, participation in an exchange system and the right to assistance of the entrepreneur in the transfer for consideration. The second chapter discusses the legislation governing timeshares. These are mainly European Directives and the national legislation into which the Directives have been transposed. The third chapter focuses on the trader's information obligation, under which the trader is obliged to provide the consumer with the prescribed...
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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...
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Dual food quality as misleading commercial practice
Kotápišová, Petra ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
61 Dual food quality as a misleading commercial practice Abstract The presented thesis deals with the issue of dual quality of food as a misleading commercial practice, both before and after the amendment of the Unfair Commercial Practices Directive from 2019. The aim of this thesis is to describe the commercial practice of dual food quality, to classify it to the system of unfair commercial practices under the Unfair Commercial Practices Directive and the Consumer Protection Act and then to describe the amendment to the Unfair Commercial Practices Directive and its impact on the Czech legal system. In the first part, the dual quality of food is defined as a commercial practice in which producers place on the market of a Member State food product that has a different composition from food product sold in other Member States, although they are sold under the same brand and in the same or interchangeable packaging. At the same time, this part of the thesis describes the tests performed comparing the quality of food, which found that the dual food quality is not only a problem in the eastern countries of the European Union, but occurs randomly without a geographical or other pattern. The second part of the thesis focuses on the description of the system of legal regulation of unfair commercial practices. That...
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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...
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Protection of competition from the perspective of control of concentrations between competitors
Hora, Šimon ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
Protection of competition from the perspective of control of concentrations between competitors Abstract One of the basic areas of competition law is concentration between undertakings. The protection of competition, as a subject of competition law, requires the assessment of concentrations and the authorization of concentrations in cases where mergers are likely to give rise to a structural change of a lasting nature in the market. The thesis deals with individual aspects and institutes decisive for assessing the concentration of competitors, whether from the point of view of Czech or European legislation. Considerations and interpretations of individual aspects of mergers are based on decision-making practice, in particular by the Office for the Protection of Competition and the European Commission. The purpose of this thesis is to present in detail the institutes of merger control and look at them critically in order to answer the essential question posed in the introduction of the thesis, whether the current rules for assessing mergers are able to effectively protect competition even in today's dynamic times. In the individual chapters, first, space is devoted to the general presentation of competition and its importance, as well as to competition law. In the following chapters, the thesis...
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Business contracts concluded with consumers
Svoboda, Radek ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
Business contracts concluded with consumers Abstract The thesis focuses on the issue of two instruments of control over the content of the contract, which protect consumers from abuse of autonomy of will by the entrepreneur - the protection against unfair contract terms in consumer contracts and the protection against surprising clauses in consumer terms and conditions. The first part of the thesis deals with the issue of unfair terms in consumer contracts, the regulation of which is a transposition of Directive 93/13 EEC. In this part, the form of transposition into the Civil Code is discussed, including their shortcomings, and a comparison of the Czech regulation with the Directive is made. Attention is also paid to the forthcoming amendment to the Civil Code, which aims to remedy the shortcomings of the regulation. Firstly, the purpose of protection, the main principles underlying the protection and the scope of the regulation are presented. The issue of exceptions to the assessment of fairness as a guarantee of the preservation of the principle of autonomy of the will, is then analysed. Following this, the criteria of the fairness test, the procedure by which courts assess the unfair nature of contractual terms, are presented. This is followed by an analysis of the issue of lists of unfair terms. In the...
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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...
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Specific aspects of creating consumer contracts of sale on the internet
Houdek, Zdeněk ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Specific aspects of creating consumer contracts of sale on the internet Abstract The topic of this thesis are the Specific aspects of creating consumer contracts of sale on the internet, meaning the specifics that appear during the process of concluding a contract. It aims to describe the specificities that are associated with several aspects of the conclusion of this type of contract, whether as a consequence of consumer protection, the regulation of the distance type of contracts, or the features of the Internet environment. It also aims to identify ways in which these specificities can be overcome in order to conclude a valid purchase contract. To this purpose, it analyses the current statutory provisions, which are applied to the situations regularly associated with internet shopping, while pointing out possible differences in foreign legislation, in particular in the German, Austrian and Slovak legal systems and, to a limited extent, in the legal systems of Hungary and France. The thesis offers de lege ferenda considerations at the final part. The thesis is based on the theoretical definition of a contract, on the requirements of the process of its conclusion, but also on the requirements of the legal act itself. It analyses in depth the regulation of the contracting process, which does not...
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