National Repository of Grey Literature 26 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Public service contracts for transport of passengers
Menčík, Jaroslav ; Liška, Petr (advisor) ; Horáček, Tomáš (referee) ; Marek, Karel (referee)
Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Title Public service contracts for transport of passengers Abstract One of the fundamental tasks of the state and territorial self-government units is to ensure transport services in the territory through public passenger transport services, especially by rail and public line (bus) transport. Public service contracts for transport of passengers, which are concluded between public customers and public transport operators, play a key role in the public passenger transport system. The subject of these contracts is, on the one hand, the obligation of the carrier to operate public transport services in accordance with the requirements of the customer and, on the other hand, the obligation of the customer to pay financial remuneration to the carrier in the form of so-called compensation. From a legal point of view, a number of legal issues and problems arise in connection with public passenger transport contracts. In the dissertation, I am analyzing the main shortcomings of the current legal regulation of public passenger service contracts and how they could be solved. To this end, in the dissertation I analyze individual aspects of the legal regulation of public passenger transport contracts in the light of theoretical knowledge and practical...
Application of competition law and state aid in the field of sport
Janák, Jiří ; Liška, Petr (advisor) ; Tomášek, Petr (referee) ; Marek, Karel (referee)
Application of competition law and state aid in the field of sport Abstract The doctoral thesis presents the research on the subject of the penetration of competition law into the area of sports. The thesis researches effects of three main areas of competition law on sports - cartels, the abuse of a dominant position, and state aid in particular from the perspective of Community law. Although, at first, it may seem that it is a rather narrowly defined matter and issue, which is unique, the doctoral thesis demonstrates or attempts to demonstrate that it is not the case, and, namely the application practices of the European Commission and the European Union courts suggest that it is a quite topical and important matter with effects on almost all activities of sports organisations. The objective of the thesis presented is to identify matters that have not been comprehensibly identified in the Czech academic literature yet; therefore, in this regard, present a "handbook" for this area and also, on the basis of the analysis and synthesis of legal regulations and case-law, draw general conclusions, which, however, are not (as they are presented in the thesis) too optimistic for sports stakeholders. It follows from the thesis that sports officials (starting from the International Olympic Committee or the largest...
Legal aspects of state property management
Štancl, Michal ; Liška, Petr (advisor) ; Dvořák, Tomáš (referee) ; Marek, Karel (referee)
Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a tři klíčová slova v anglickém jazyce Title: Legal aspects of state property management Abstract: When acting in the field of private law, State has the quality of a legal entity. However, State is a legal entity of its own kind. It has an immanent double nature and consequently it doesn't cease to stand on the border of private and public law. The principle of legality doesn't apply to State as a private law actor, which means that it can do even what is not explicitly permitted by the law. On the other hand, State cannot fully exploit autonomy of its will because its legal actions are rigorously predestined by the rules setting clear limits to it. Those limits in form of restrictive dispositions are addressed directly to organizational units of the state and state organizations and their purpose is to ensure efficient and economical management of state property as it is in the public interest. This dissertation aims to analyse the individual elements of property relations of the State. The most important subject in those relations is State itself. Nevertheless State cannot be regarded as one compact and confluent unity. On the contrary, its internal structure is crucial. The effects of internal structure of the State on the property...
Leasing contracts in business relations
Svoboda, Martin ; Plíva, Stanislav (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
In my dissertation I am concerned with the issue of leasing in commercial relationships. Leasing is a legal concept that was taken over from abroad after 1989. A close connection with lease and relatively short legal history are probably the reasons behind the certain degree of heterogeneity of opinions on leasing. And the diverse opinions on leasing were the main reason for my choice of this topic. I was particularly interested in delimitation of leasing in relation to lease and in legal regulation of leasing. At the same time I assumed that despite the difference of opinions the practice of conclusion of leasing agreements will be unified, considering the large volume of leasing agreements concluded in our country each year. The aim of my dissertation was to cover the majority of the main lines of opinion on leasing, make a comparison of leasing and lease and to assess whether it is necessary to apply the statutory regulation of lease on leasing agreements. Another aim of the dissertation was to assess individual components of leasing relationship, i.e. its participants, subject and content (subjective rights and obligations), both on purely theoretical level and in terms of the specifics of leasing as reflected in concrete business terms and conditions. My primary concern during my work on the...
Set off in commercial obligation relationships
Jäger, Marek ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Zahradníčková, Marie (referee)
1 Abstract Although set-off represents one of the most frequent processes of the discharge of obligations unlike performance, the contemporary specialized literature deals with it only in its fragmentary exposures. However, there is no systematic elaboration of this process of the discharge of obligations. The regress of the attention paid to the discharge of obligations by set-off apparently persists from the time, when set-off as a process of the discharge of obligations, which was unfamiliar with the central directed political economy, receded into the background. Therefore the exordium deals with the essence of set-off first of all, further with its relationship to the discharge of obligations by performance as well as with the position of set- off in public law. The chapter treating of the essence of set-off aims to void of its understanding by the economic connotation of this process of the discharge of obligations and to get near to its law essence. It is possible to think of this essence both from the viewpoint of the debtor who waives an obligation and from the viewpoint of the creditor who gains a substitutionary satisfaction of his receivable without an acceptance of the other party of an obligation relationship and without the necessity to enforce this receivable by a court or other authority....
A contract to lease an enterprise
Kališ, Petr ; Plíva, Stanislav (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
OF A DISSERTATION THESIS The objective of this dissertation thesis is to define the current state of the legislation regulating the contract on lease of the enterprise, its risks and imperfections and to suggest, de lege ferenda, a possible method of their solution from the legislatory, jurisprudential and practical perspective. To fulfil such objectives, I have applied the methods of analysis and interpretation of the existing legislation, a comparison with historical legislation and with international law, and have assessed the relevant jurisprudential arguments. The structure of this dissertation thesis is divided into the following areas: definition of the enterprise, legal provisions relating to the conclusion, modification and termination of the contract on lease of the enterprise and, finally, special cases of application of the contract on lease of the enterprise, e.g. in connection with insolvency, execution or public contracts etc. I consider the following legal conclusions as basic findings and results of this thesis: The enterprise 1. The definition of the enterprise as a collective thing is not perfected in Czech law, because the absence of the legal regime of a collective thing causes interpretation problems in assessing whether the rights and legal relations relating to a collective...
Social responsible public procurement
Froulová, Dominika ; Horáček, Tomáš (advisor) ; Marek, Karel (referee)
The aim of this rigorous thesis is to present in more detail the ever-evolving form of public procurement, thus responsible public procurement with an emphasis and closer focus on the social aspects of such a process. Information and materials for the content of this rigorous thesis were drawn from previous publications published in the Czech Republic. Furthermore, from legal regulations, expert comments, Czech and foreign articles, as well as from the decision-making practice of the Court of Justice of the European Union, the Office for the Protection of Competition and the courts of the Member States of the European Union. The rigorous thesis is divided into five main chapters. The first chapter is mainly devoted to the definition of the main terms, which are, according to the author of the work, fundamental and in many cases worthy of discussion. The social value is considered to be the crucial aspect for the socially responsible public procurement, which, together with the methods of measuring it, is also the content of the first chapter of this rigorous thesis. The first chapter also further describes a brief cross-section of the history of responsible public procurement. From the second chapter, the thesis is based on the legislation and options that contracting authorities are legally...
The liability of the carrier in road carriage of goods
Glazunov, Pavel ; Černá, Stanislava (advisor) ; Marek, Karel (referee) ; Patěk, Daniel (referee)
The liability of the carrier in road carriage of goods Abstract This dissertation deals with contractual relations and liabilities between parties of carriage and freight forwarding contracts in domestic and international road carriage of goods.The work offers detailed analysis of current legislation (up to 31. 12. 2018) and examines judicial and doctrinal outcomes in national and international - namely German, Austrian and Slovakian - context. The first part answers selected questions of freight forwarding contracts as set forth in the civil code. A special focus is given to freight forwarder's liability for loss and damage of forwarded goods, and other damages caused by a breach of contract. The work also looks at the change of legal and liability status of the freight forwarder enabled by their right to act as a carrier or failing to meet their obligations toward the principal. In offering a comparison between freight forwarding and carriage contracts, this work stresses the common practice of mixing up their obligations, answering questions of legal interpretation and offering a framework for practical application of the contracts. The work further offers a thorough analysis of transport regulation as set forth in the civil code as well as the CMR Convention. It focuses specifically on receiving and...

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