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Legal regulation of collective investment with focus on investment companies act
Kučera, Petr ; Marek, Karel (referee)
Legal regulation of collective investment with focus on Investment Companies Act No. 240/2013 Sb. Abstract This thesis is divided into five consecutive parts. The first part is devoted to the introduction to the issue of collective investment, including the typology of funds, basic concepts related to this issue and also describes it's importance, basic principles and also explains the essence of collective investment. The second part briefly summarizes the development of Czech legislation in this area, from the velvet revolution to the present state. This section also includes the historical context and the way it influenced the legislation of that time. The third part is the largest and most comprehensive, and it is focused on the current legislation, which is represented mainly by the Act on Investment Companies and Investment Funds. At the beginning of the chapter there are basic legal regulations, and in the following subchapters the individual parts of this Act are very detailed. In the next part, the foreign legal regulations are illustrated on the example of Austria and the United States of America, and some of their elements are then used in the part of the work devoted to the amendments to the law. For each of these countries is first described the historical development of collective investment,...
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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...
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New corporate law imperativeness and dispositivity
Szmuda, Jozef ; Černá, Stanislava (advisor) ; Beran, Karel (referee) ; Marek, Karel (referee)
Název, abstrakt a klíčová slova v anlickém jazyce New corporate law imperativeness and dispositivity Abstract This dissertation thesis focuses on the basic premise that the autonomy of the will, as a fundamental principle of private law, also applies to corporate law. When researching the imperative and dispositive norms of corporate law, one must examine how the autonomy of the will can be manifested and limited. All the limitations of the autonomy of the will to dispose of its private-law relations are realised through certain limits, which set boundaries that cannot be overstepped by the subjects of legal relations. Therefore, this paper contains the categorisation of the types of restrictions on the autonomy of the wills and the limits through which these types of restrictions on the autonomy of the will are realised. Exploring the limits of the autonomy of the will leads to a preliminary conclusion that all these categories follow a general requirement, that the legal actions should be in accordance with the meaning and purpose of law. The meaning and purpose of a legal norm can be considered as a basic criterion for defining the legal norm as imperative or dispositive. However, it must be emphasised that the limits on the autonomy of the will may be imposed not only by imperative norms, but also by...
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Freedom of contract and its limitation in the business relationships
Majchrák, Michal ; Pelikánová, Irena (advisor) ; Marek, Karel (referee) ; Horáček, Vít (referee)
Freedom of contract is one of the fundamental principles of private law. Most pronounced is the principle of contractual freedom in business contractual relationships, in which is admitted the highest degree of contractual freedom. Contractual freedom is often generally associated with the rule that what is not forbidden is allowed, ie. if the legal regulation does not prohibit any contractual arrangement, is such an arrangement allowed. This understanding of freedom of contract is very simplistic and misleading and thus in many cases incorrect. Given that freedom of contract is seen as a rule or principle, approach to it is fairly spontaneously and in search of answers to the question of legality or illegality of certain contractual arrangements, the progress is often intuitively and based on ad hoc reasoning the contractual freedom is in individual cases either accepted or rejected. One reason for this approach is the fact that there have been no more precise rules for a differentiation of non- mandatory and mandatory legal rules. Their differentiation is for the recipients of legal rules crucial because it gives an answer to the question, how far reaches their liberal sphere, in particular, if the contractual freedom is in the particular legal issue enabled or not. A lack of structure and...
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Principle of good faith and of good faith and fair dealing in commercial relations
Kvačková, Riana ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
This dissertation focuses on the principle of good faith and on the principle of good faith and fair dealing. The differences between the two mentioned principles and the problems with terminology are covered. The author suggests and reasons for her own terminological solution. Furthermore, the dissertation discusses on the general delimitation of the two principles, their content and relation to other related principles. Moreover, it focuses on the legal frame of good faith and good faith and fair dealing principles including historical and comparative aspects of the issue. The author of the dissertation describes the practical impact of the two principles in question and compares the recent and current legal regulation. She analyses the practical impact of the principles of good faith and good faith and fair dealing in commercial relations: not only in the business contractual law but also in the life of a business corporation. Furthermore, the relevant judicature is covered including the delimitation of its possible applicability on the current legal regulation.
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Contract of sale under business law
Švábová, Jana ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
The purpose of the thesis "Contract of sale under business law" is to compare changes of the contract of sale, which occurred as a result of the newly adopted Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to simultaneously take into account the proposal for a European Parliament and Council Regulation on a Common European Sales Law (Common European Sales Law, CESL). The thesis also focuses on selected provisions of the purchase - especially rules governing the acquisition of ownership from unauthorized (and the related principle of good faith) under the new Civil Code. Rules governing the acquisition of ownership were significantly changed. Thesis attepmts to specify rules which are applied in the case one of the contracting parties is in the possition of a consumer. Specific features of contracting process must be taken in consideration due to the protection of consumers and or small and medium- sized enterprises. The thesis is focused on selected aspects of the contract of sale, thus the purchase of property, asset deal or liability for defects are mentioned only in passing.
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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....
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Public Private Partnership
Preisler, Pavel ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Vopálka, Vladimír (referee)
1 1 Abstract The topic of this dissertation thesis is Public Private Partnership. Public Private Partnership is a new phenomenon for delivering services and works by public authorities and other public bodies and entities (as contracting authorities). It emerged in the English speaking countries, namely in the USA and UK, in the 70s and 80s of the last century. Later, because of budgetary restraints and problems with financing public con tracts other countries across the European Union and the world showed interest in this phenomenon. Public Private Partnership is an economic rather than a legal term. Legislation does not use this designation. Instead, common features of Public Private Partnership are used to describe and set down Public Private Partnership in law. It is a general designation for different forms of cooperation between public and private entities which have the following features: The cooperation is based on contractual relations, it is a long term relation and the private entity bears risks related to the performance which would bear the public entity otherwise. The objective of establishing the cooperation is to deliver services and works in the public interest and to satisfy public needs. Provided that the aforementioned features are given we can consider the relation as the Public...
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Liability of board members of corporations
Litvan, Martin ; Plíva, Stanislav (advisor) ; Černá, Stanislava (referee) ; Marek, Karel (referee)
1 Abstract - Liability of board members of corporations Liability of board members of corporations is multi-layered phenomenon, which is as well appearing in the dynamics of organisational structure and functioning of complex economic and legal mechanisms of relationships, which itself is the business corporation in its basis and not only in relationship to its own inner structure, but as well to the external subjects with which the corporation enters relationships on different levels and degrees. The question of its seizure and especially its confirmation is further complicated by dynamic development of business relationships and corporations itself, although we can presume that the basic and elementary principles of liability are basically invariable. These are legal relationship, rights and obligations of singular concrete subjects, their abiding and breaking and following consequences in shape of damages or other impacts. What is more, complications occur with the existence of different legal views on functioning of the business operations as they are established and they bring not only single legal systems in well-known forms of continental and Anglo-American views, but as well legal policies of single countries. All is enhanced by different levels of development of individual legal policy. Following...
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Contract on current account and certain related issues according to the Czech and European legislation
Liška, Petr ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee) ; Marek, Karel (referee)
Resume Contract on current account and certain related issues according to the Czech and European legislation The main attention of the Dissertation is focused on analysis of the legal regulation of the contract on current account. The rules of law in force regulate the contract on current account in the Commercial Code. Besides the Commercial Code the contract on current account is also regulated by the provisions of the Act No. 284/2009 Coll., on the Payment System, as subsequently amended. In this act there is regulated mainly a contract on payment services, system of payment and rights and obligations of the payment services providers and of the payment services users. The Dissertation comprehends research on substance of the current account principle. In connection with the current account principle it has been examined also relation of this legal term to a definition of a bank deposit. Aside from that it has been disserted on questions related to ownership title to funds on current account within the present regulation contained mainly in the Commercial Code, the Act on the Payment System and the Act No. 21/1992 Coll., on Banks, as subsequently amended. The contract on current account is by the theory subsumed under the banking contracts (transactions) or under the contracts on banking services. As...
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