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European law against unfair competition
Hobzová, Anna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...
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The course of a general meeting of a joint-stock company
Kocián, Pavel ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
- The course of a general meeting of a joint-stock company This diploma thesis, thematically divided into four chapters, is focused on the course of general meetings of Czech joint-stock companies as governed by the Act no. 90/2012 Coll., on Commercial Companies and Cooperatives as well as some other Acts in specific matters. The goal of this thesis is to describe the individual topics and issues related to the course of a general meeting beginning with its convocation, through its course (in strict sense) and ending with adopted resolution. This thesis works primarily with all the accessible information sources such as available study books, legal commentaries, articles and especially the relevant case law of Czech courts related to the topic of this thesis. Analytical and partly comparative methodology was used for the purpose of writing this thesis. General meeting of a joint-stock company as it supreme corporate body decides on the fundamental issues of the company and at the same time serves the company's shareholders, which are (through the general meeting) able to participate on the management of the company. For this reason, the legal regulation of general meetings of joint-stock companies is quite elaborate. Nevertheless, a number of interpretational issues related to this topic exist, as...
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Legal regulation of unfair competition in English and Czech law
Janhuba, Martin ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Resumé v anglickém jazyce This thesis is focused on the legal regulation of unfair competition, unfair commercial practices and on the misleading and unlawful comparative advertisement. The legal regulation was a subject of the major changes under the influence of European union's regulation. The thesis' aim is to analyse and describe the regulation, bring it closer and by using of the partial comparisons contemplate it with the Czech legal arrangements. The structure of the thesis is divided into the introduction, three consecutive chapters and final summary. The introduction chapter is mainly focused on the European's legal regulation version of Unfair Commercial Practices Directive and Misleading and Comparative Advertising Directive. Chapter is focused on consumer protection in English legal regulation prior to implementing of the new European law and further to the form of such implementing and harmonisation. Thesis' task to interpret the main legal regulations' fundamental alterations, which acts as starting basis for the part as follows. The crucial part is listed in the second part, which is divided into the two subchapters. The subchapters follows the directives legal regulation structure. The more extensive subchapter deals with the unfair commercial practices and its task is to interpret the...
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Legal penalty for unfair competition
Šmůla, Marek ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
The diploma thesis is divided into three chapters; the first chapter namely presents general theoretical foundation. This leads to clarification of the position of law against unfair completion in Czech legal system with special emphasis given to the general clause as fundamental assumption of unfair competition acting. The second chapter focuses on legal entities that take part in disputes arising from unfair competition. In accordance with main aims of this diploma thesis the attention to entities which have the capacity to bring proceedings is payed rather than to entities that appear in unfair competition disputes as defendants. Finally the third and main chapter analyses individual legal means of protections and claims arising from unfair competition. Besides traditional unfair competition claims exhaustively provided in Sec. 2988 of the Civil Code, described are also legal instruments of the Civil Code and of the Civil Procedure Code of more general character which's use is applicable in terms of unfair competition. In fine selected procedural specifications related to enforcement of law from unfair competition are discussed.
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Unfair competition in the Internet environment
Dušková, Dana ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
Unfair competition in the Internet environment This diploma thesis deals with the manifestations of unfair competition on the Internet. The aims of the diploma thesis were to provide an overview of methods of unfair competition occurring in this specific environment and assess their capability to fulfil the general clause of unfair competition. The diploma thesis is divided into four chapters. The first one of them contains a general introduction to the law of unfair competition in terms of European legislation, namely Paris Convention for the Protection of Industrial Property and European Union law. The second chapter discuss the regulation of unfair competition in the Civil Code, the general clause in particular. The thesis analyses the three conditions of the general clause, which must be cumulatively fulfilled, with regard to the Internet environment. In the third chapter of this diploma thesis the concepts specific to the Internet environment, which are often interpreted incorrectly or wrongly, are described. I decided for inclusion of this chapter mainly due to the fact that I use these concepts in the text of this diploma thesis, therefore I wanted to avoid any inaccuracies or confusion that could result from their use without proper explanation. The fourth and most extensive chapter forms...
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Regulation of advertisements in pharmaceutical industry
Metelka, Jan ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Abstract, Jan Metelka The main aim of this diploma thesis was to firstly explain the field of human pharmaceuticals and regulation of advertisement regarding them, from the general point of view and then in details. In order to achieve this it was required to define advertisement and pharmaceuticals because these terms and crucial for the whole thesis. Both definitions may be off the scope of this text however it plays an important role in understanding all necessary issues. Advertisements in pharmaceutical industry have some specifics as described in chapter 2. There are two kinds of recipients - experts (doctors and pharmacists) and ordinary people (mostly patients). Every kind is special and regulated in a different way. Third chapter described all steps in administrative proceedings related to Act on Advertisement, forming a public branch of law against unfair competition. It summarises and divides all misdemeanours, statistically describes how often they occur and deeply analyses possible breaches of Act on Advertisement. The main part of this thesis is Chapter seven, dealing with unfair competition in private law, as mentioned in early chapters, however here it is specifically described how to apply the general clause and the more important kinds of unfair competition such as deceptive adverts and...
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Selected institutes of the law of negotiable instruments
Oškrdová, Marcela ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
This Thesis concentrates on special instruments of the Bill of Exchange - aval, protest and domicile. The Paper describes their legal framework and currentcase law.The Thesis is divided into three parts, each of which is dedicated to one of the above mentioned institutes of the Bill of Exchange. A case fom author's law practice is included in the chapter dedicated to aval. It specifically elaborates on particularities of the Bill of Exhange avalation. The chapter about protest analyses the author's survey (2013)in which a couple of Czech municipal administrations were requested to certify a protest of a Bill of Exchange.
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the general description of the terms and institutes of agency contract. The work is divided into five chapters, the main objective of this paper is to describe the basic definition of an agency contract. The first chapter described and analyzed the basic characteristics of an agency contract, especially the agent himself, the long-term perception of the agency contract, the definition of the term certain types of transactions, and we have discussed a exclusive and non-exclusive agency contract. The second chapter is focused on the rights and obligations of the parties of the agency contract with a closer focus on the issue of commissions. In chapters 3, 4 and 5, we discussed termination of agency contract, anticompetitive clause and we also mentioned Švarcsystem. Some chapters are for clarity divided into subchapters and the names of the subchapters signify the topic that subchapter is dedicated to. The thesis also refers to the commentary literature and case law relating to legal framework contained in the Act no. 513/1991 Coll., The Commercial Code. In the end the conclusion is drawn about whether the stated objectives have been achieved. Title: Agency Contract...
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Legal aspects of franchising
Anděl, Ondřej ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
of thesis "Legal aspects of franchising" Author: Ondřej Anděl Faculty of Law, Charles University Keywords: franchising, fracnhise contract, franchisora, franchisanta This thesis is about legal apsects of franchise contract, because in czech legislation has no legal regulation of franchising. Franchise contract is a complicated and comprahansive relation between franchisor franchisant and missing legal regulation can cause a lots of problems in fracnhise relation. This thesis describes the most important costitution, which have to be in every franchise contract.
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Abuse of the institution of bill of exchange and promissory note
Klimenta, Gabriel ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The purpose of the thesis is to provide a view into most significant modes of promissory note abusive conduct. This view consists of thorough analysis of sources, modes of operation, impacts and available prevention of issues related to promissory note and bill of exchange abuse. The domestic case law has been the primary source of the thesis. However, relevant literature and applicable laws have been reflected as well. The thesis is divided into four chapters. The first chapter deals with a brief historical introduction of the law of promissory notes and its deviations from private law concerning especially the ones related to promissory note abusive conduct. The current situation in the field of promissory notes in Czech Republic is also reviewed in this chapter. The second chapter is focused on the abstract nature of obligations arising from the promissory notes as from negotiable instruments. Furthermore, excessive claims based on security promissory note, separation of the security promissory note from secured receivable and abuse of the aval guarantee are introduced and examined. The third chapter provides a comprehensive view into incomplete instruments and agreements necessary to transfer them into negotiable instruments. The incomplete instrument abuse is also reviewed and distinguished...
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