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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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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 comparison of the changes between the legislative frame of the agency contract contained in the Act no. 513/1991 Coll., The Commercial Code, and the legislative frame of the agency contract contained in the Act no. 89/2012 Coll., The Civil Code. Although the main focus of the thesis lies in description and analysis of the changes, the thesis also examines the practical use of the agency contract, when discussing so called švarcsystém among other things. The aim of the thesis is to describe the changes made by Law no. 89/2012 Coll., The Civil Code, which were explained by Explanatory Memorandum to the Act. No. 89/2012 Coll., The Civil Code, and then highlight those changes that this explanatory memorandum did not mention. The thesis is divided into five chapters, whereas the first four chapters describe the changes and any problems that may arise. The final, fifth, chapter labeled as "Additional information relating to the agency contract", differs from the other chapters in that it does not describe the changes in the legal framework but is devoted to practical problems of the use of the agency contract, which according to the author of this work should also...
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Bill of exchange in a role of securing instrument
Brychta, Michal ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
The aim of the thesis is to provide a wide treatise about specific use of bill of exchange as a securing instrument. The promissory note as a debtor security may take various economic life functions. Since the inception of law of exchange it was primarily the medium of payment, whereas the securing function was developed much later. Actually a relative novelty of securing function of bill of exchange leads to a wide range of issues that need to be resolved in connection with its use. In particular, it is absolutely necessary to realize that the obligation incorporated into promissory note will be regardless of its function always the obligation abstract and individual. The above mentioned abstract and individual obligation is mainly manifested in a different connection to the secured obligation, which is much more fragile than in case of use of standard securing obligations that are on the contrary characteristic by accesority and subsidiarity. As an introduction is included a passage in which the author attempts to summarize the major changes brought by the new private law in relation to bill of exchange as securing instrument, including a brief consideration of the terminology of the new Civil Code in relation to the confirmation and security of obligations . In spite of the fact that the aim of...
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Foundation and creation of a limited liability company
Fišer, Jan ; Patěk, Daniel (referee) ; Zahradníčková, Marie (referee)
Summary: In my thesis I focus on foundation and creation of a limited liability company under Czech law. Special attention is given to the explanation of limited liability of the partners of this type of company. The paper also focuses on distinction of the terms foundation of a company and creation of a company and the difference between them. The theoretical definition of the limited liability company is then followed by examining, explaining and analysing the foundation and subsequent creation of a limited liability company. The text also presents besides the actual law, the new law, regulating inter alia limited liability companies, that comes into effect on 1st January 2014 and its new regulations. The thesis is, apart the introduction and conclusion, composed of two chapters, each of them dealing with different aspects of foundation and creation of limited liability companies. Chapter one is introductory and defines the basic terminology and juridical institutes that are then used in other chapters of the paper. One part also describes the history of limited liability companies on the territory of the Czech Republic and its predecessor countries. Another part also introduces the new law that comes into effect on 1st January 2014. Chapter two introduces the process of foundation and creation of a...
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Influence of a member upon the management of a limited company
Černohorský, Jan ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
This thesis is dedicated only to an influence of a member on managing company limited by shares. The thesis was written between the legal effects of two acts, but the new legal regulation, with regard to the old regulation and case law, developing for more than 20 years, was the base for my thesis. The first chapter describes the key terms of this thesis, which are crucial for good understanding of the whole problematic. The second chapter deals with the term share, which represents the participation of a member in a company. The chapter analyses its quantitative and particularly its qualitative aspect. The institute of share has changed in such a way that it has to be explained precisely. Understanding of the term share is important for the whole thesis, because it is the share itself, which represents the influence of the member. The focal point of my thesis is described in the third chapter, which deals with a member's right to participate on managing company limited by shares. This right is asserted especially through general meeting. The chapter gives an overview about the main changes in competence and functioning of the general meeting. There is also member's influence beyond the general meeting, through per rollam decision-making, described in this chapter. The chapter also contains a...
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Duties of members of a Limited Liability Company
Dulačková, Kristína ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
The topic of Limited Liability Company is a popular issue among the professional public due to the fact that Limited Liability Company belongs to the most favourite and the most widespread companies. This thesis comprehensively explains duties of members of Limited Liability Company in terms of Business Corporations Act and, where appropriate, compares them with those contained in the Commercial Code. After the brief discourse about Limited Liability Company, its nature and its position among the business corporations, the thesis provides characteristics of a share with emphasis on its qualitative aspect. In the second chapter the schemes of duties of members in works of various authors are first of all compared and critically assessed, and subsequently the own division of duties of members is created. A criterion for the division of duties is the fact, whether they are governed by general or special regulation and in the latter whether the duties arise on the basis of the act, or the Memorandum of Association. The characteristics of duties itself is included in the third to sixth chapters, which successively explain the duty of loyalty, the contributory duty, the liability duty, the duty of additional contribution, the duty of personal participation on a company, the duty to contribute to the...
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The concept of an average consumer in Czech and European law
Oriešková, Stanislava ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Resumé The concept on an average consumer in Czech and European law The aim of this thesis is to describe actual trends in conceptualization of average customer, both in Czech and European law. The work focuses on examination of differences in demands placed on average customer depending on the area the customer is currently located at. The first chapter deals with definition of average customer. According to the fact Czech law is influenced by European law, firstly, the definitions in European legislation and case law are mentioned and subsequently also the definitions provided by Czech law. The, it is referred to the definitions in specialized literature. The essential point of second chapter is the protection of average customer. It explores the level of the protection provided by European law and it accents on importance of limits in such a protection. It is also underlined that the level of protection depends on determination of target average customer and it is increased if the target group is the group of particularly vulnerable customers. In third chapter, it is analyzed how the average customer is conceptualized when considering if the action was affected by unfair competition or not. It deals with misleading advertising, comparative advertising and misleading identification of goods and services....
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