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Modelling on Historical Data
Pátek, Daniel ; Rozman, Jaroslav (referee) ; Zbořil, František (advisor)
The aim of this thesis is to design and implement a web application that allows the display and editing of genealogical models. These models are created using a program that permits their automatic assembly from available registry records. A great focus of the solution is the connection of the web application with this program. The application is developed using Node.js, written in JavaScript using its React library.The web application provides the user with access to the mentioned program and allows him to view and edit the output of this program. It is especially concerned with the user-friendliness and simplicity of the application. The solution also includes integration into an existing system which provides the user with the possibility of transcribing data from archives and manages a community database.
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Penalising surreptitious advertising by influencers on social networks
Krchovová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Penalising surreptitious advertising by influencers on social networks Abstract This academic paper deals with the trend of influencer advertisement and its regulation in the Czech Republic and the European Union. It also evaluates the effectiveness of enforcement in the Czech Republic and presents three different approaches to enforcement abroad, including Czech and foreign self-regulation. The first section of the paper describes the development of influencer advertisement and the form it takes today, emphasizing the remuneration of influencers. Its most pressing problem is the hidden form of advertising and thus it is considered deceptive advertising. The second part focuses on the current domestic public and private law regulation of advertising as applied in the social networks environment and defines the legal status of the participants. The legal regulation in the Czech Republic is based on the European Union law, and therefore the thesis reflects the key concepts in the light of the Guidance on the interpretation and application of Directive concerning unfair business-to-consumer commercial practices in the internal market. After analysis of the applicable law, the main purpose of the next chapter is to define the difference between an influencer's recommendation and their commercial content,...
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Unfair commercial practices against consumers and children in particular
Chodorová, Eliška ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
1 Unfair commercial practices against consumers and children in particular Abstract The diploma thesis deals with unfair commercial practices against consumers and children in particular. The aim of this thesis is to present the legal framework for the protection of children, as a particularly vulnerable group of consumers, against unfair commercial practices, and to analyse whether they receive effective protection against such practices, especially at a national level. The main methods used in this diploma thesis were the research of legal literature, legal regulations and case law of Czech and foreign courts. On the basis of the acquired information, using interpretative methods, especially linguistic, logical, and systematic, the main and partial conclusions were subsequently generalised. The diploma thesis is divided into an introduction, a conclusion and five main chapters, which are further divided into subchapters. The first chapter defines the key terms with a focus on children as a group of particularly vulnerable consumers. The second chapter is devoted to a general definition of unfair commercial practices by describing the so-called three-stage test of unfairness. The third chapter focuses on the aggressive commercial practice of solicitation of children to buy advertised products. The main...
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Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022
Švarcbek, Alexandr ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022 Abstract This diploma thesis deals with the issue of penalty clauses in consumer contracts. The goal of this diploma thesis was to determine, based on the analysis of the decisions of court rendered between 2020 and 2022, whether there is a differing legal assessment in cases with similar factual circumstances (penalty clauses) in the judicial practice of courts, and if so, for what reasons. The diploma thesis reveals that in some aspects, the legal assessment by courts in factually similar cases is entirely different. Based on the analysis conducted, three main problems arising in the consideration of penalty clauses in consumer contracts are formulated. Namely the issue of assessing the adequacy of the amount of the contractual penalty and the related discretionary power of a court to reduce an excessive contractual penalty, whether the penalty clause is formulated in plain and intelligible language, and the (im)possibility of including penalty clauses in the terms and conditions or other documents different from the main consumer contract. It also emerged from the analysis that in more than 1/3 of cases the courts ignore the special legal regulation of consumer contracts and do not deal with the...
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Shareholders agreements (focusing on corroboration of their obligations in a broad sense)
Flašar, Michael ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Shareholders agreements (focusing on corroboration of their obligations in a broad sense) Abstract This master thesis analyses the institute of shareholder agreements from the perspective of corroboration of its obligations. The main ambition of this thesis is to examine usual contractual arrangements which ultimately corroborates obligations arising from shareholders agreements. Theoretical conclusions from this master thesis are subsequently applied in qualitative legal research focused on corroboration of the obligations from shareholders agreements. Research sample consists of twenty-eight shareholders agreements, which have in common that they have been obligatory published in the registry of contracts. This thesis is divided into five interrelated chapters, of which the last two chapter may be considered as crucial as they contain core findings of this master thesis. First chapter explores limits of shareholders agreements and distinguishes them from articles of associations of joint- stock companies. The conclusion of this chapter attempts to provide a comprehensive definition of the shareholders agreement with an emphasis on differences between them. The second chapter, which is about obligations arising from shareholders agreements, analyses possible consequences of the publication of the...
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Comparative advertising
Rousková, Petra ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The diploma thesis - Comparative advertising - is focused on domain of unfair competition and comparative advertising in the Czech Republic, and also in the European Union. Considering that basically there is no society living completely separated from surroundings, it is evident, that Czech law system should be seen in the context of the European Union legal environment. Comparing the Czech law and the European Union legislation I came to the conclusion that both are in their substance in compliance with each other. This is an important fact leading to an effective harmonisation of the national regulations with European Union law. This was achieved through several directives. Furthermore, I also included many conclusions on decisions of courts of law, which play an important role in this field of law. The diploma thesis is devided into six basic chapters. The first chapter defines economic competition and the law of economic competition. The second chapter is focused on unfair competition frame according to the Commercial Law (law no. 513/1991 of the Collection of Laws) and provides necessary information on the general clause, the keystone of unfair competition. The third chapter talks about the concept of advertising and comparative advertising including types and functions. The fourth chapter...
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European legislation and case law on designations of origin, geographical indications, and traditional specialties guaranteed
Lesáková, Kateřina ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
The diploma thesis deals with the topic of European law and case law on designations of origin, geographical indications, and traditional specialties guaranteed. The aim of this thesis is to comprehensively analyse the EU legislation on geographical indications for agricultural products and foodstuffs, together with related case law and relevant international conventions. In particular, the work focuses on Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, which is key in this area. In the introductory part of the thesis, the characteristics and terminology of geographical indications and the European system of their sui generis protection are introduced. The second part focuses on the functions of geographical indications and their importance for producers and consumers in the European Union. Attention is also paid to current issues and the relationship between geographical indications and innovation. The third part focuses on the relevant international conventions, which are presented chronologically, including the historical and legal circumstances of their creation and an analysis of the most important provisions. The penultimate part of the thesis concerns the legal regulation of geographical indications in the EU and explains its development and...
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Blacklist of unfair business practices used against consumers
Tichá, Sabina ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Blacklist of unfair business practices used against consumers This thesis focuses on the blacklist of unfair commercial practices, which is a designation for an exhaustive list of specific unfair practices which a consumer may face in business relations with a seller and which are prohibited due to their unfair nature. This list forms Annexes 1 and 2 to the Act No. 634/1992 Coll., on Consumer Protection and an Annex I to the Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market. The thesis begins by outlining the European regulation of consumer protection prior to the adoption of this Directive, from the origin of an idea to create a blacklist through its realization in a form of an Annex to the Directive to its implementation into national law in the member states. The blacklist is an integral part of the process of assessing unfairness of commercial practices. It is the first step of the whole process. For that reason, in the second part of the thesis, the reader is guided through the process of assessing whether a commercial practice is unfair and therefore prohibited and the main subjects of the commercial transactions are defined - the consumer and the seller. The following third and main part of...
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Indemnity of a commercial agent and determination of its amount
Prusáková, Viktorie ; Flídr, Jan (advisor) ; Patěk, Daniel (referee)
Indemnity of a commercial agent and determination of its amount Abstract Agents play a crucial role for companies by facilitating business activities and building customer relationships. Commercial agency introduces several legal and economic questions, in particular remuneration of agents, both during the course of the agency and after its termination. Following the termination of a commercial agency agreement, the question often arises as to how to fairly determine the amount of indemnity to be paid to agents for their past work. The aim of this thesis is to provide a detailed description and explanation of the calculation method for the agent's indemnity and to translate theoretical knowledge gathered from legal theory and case law into practice. The thesis seeks to propose a calculation procedure for the agent's indemnity that is simple, efficient, and allows the parties involved in the agency agreement to avoid the common occurrence of legal disputes in this area. The first part of the thesis focuses on defining basic concepts associated with commercial agency and legal framework governing it. The second part follows, dedicated to the remuneration of the commercial agent. The third chapter then delves into special indemnity for an agent, including its definition, challenges, and legal regulations. The...
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Duty of Loyalty of a Shareholder of a Capital Company
Krausová, Aneta ; Tomášek, Petr (advisor) ; Patěk, Daniel (referee)
Duty of Loyalty of a Shareholder of a Capital Company Abstract This thesis deals with the issue of the duty of loyalty of a shareholder of a capital company. It focuses mainly on the analysis of the duty of loyalty of a shareholder towards the company, and marginally presents the duty of loyalty of the company towards the shareholder and the duty of loyalty between the shareholders. The main objective of this thesis is to define the duty of loyalty and to analyse this duty in some of the relationships within a company. Central to this analysis is the interpretation of the provisions of Section 212 of the Civil Code, which I address in this thesis in turn. Due to the generality of the concept of loyalty, a key part of this thesis is the analysis of the existing decision-making practice of the courts, including the applicability of decisions based on the regulation before the recodification of private law. The thesis is divided into an introduction, four parts and a conclusion. The first part deals with the principle of good faith as the fundamental basis of the duty of loyalty, its nature as a general clause and its derived functions. The second part introduces the reader to the duty of loyalty in shareholder relations of a capital company on three levels. The main focus is on the shareholder's duty of...
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