National Repository of Grey Literature 228 records found  beginprevious128 - 137nextend  jump to record: Search took 0.00 seconds. 
Concession Agreement and Concession Procedure
Petržela, Karel ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Concession agreement and concession procedure The aim of this thesis is to analyse the valid legal regulations concerning the concession procedure and concession agreements that form the legal framework of the PPP projects in the strict sense, and to identify its key issues. The first chapter of this thesis concerns both the European and Czech sources of law relating to the concession procedure. On the European level, the role of primary law is being considered, followed by the sources of secondary law and the influence of decisions of the Court of Justice of the European Union. On the domestic level, the thesis is focused on the regulation contained in the Concession Act, specific kinds of concessions regulated in special acts and on explanation of the relation between the Concessions Act and Public Procurement Act. Chapter two examines the relevant concepts of law, which determine the personal and substantive scope of the concession procedure with accent on the definition of the concept of "concession", resp. concession agreement, and basic principles which originate from the European primary law and apply both to the concession procedure pursuant to part II of the Concessions Act as well as awarding concessions that are not subject to the regulation in the Concessions Act. Chapter three analyses...
Basic Qualifying Requirements in Public Tenders
Kročilová, Zuzana ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Basic Qualifying Requirements in Public Tenders The purpose of this thesis is to analyse the Basic Qualifying Requirements in the public tenders, as enacted in the Section 53 of the Act no. 137/2006 Coll., on Public Procurement, as amended. The initial reasons for my research are constantly changing legal rules in this branch of law that often do not reflect the European enactment in the Directive 2004/18/EC. The thesis is composed of an Introduction, 3 separate Chapters and a Conclusion. The Introduction outlines the aim of the thesis, its structure and arrangement of the Chapters are shown in this part as well. The Introduction is than followed by the first Chapter called Qualification, in which the topic of criteria for qualitative selection is discussed in the context of the general provisions concerning qualification in the public tenders. This Chapter is subdivided into two parts separately dealing with the requirements of the bodies governed by public law and entities operating in the water, energy, transport and postal services sectors. The second Chapter examines the European enactment of the Public Procurement in the Directive 2004/18/EC, as well as in the Directive 2004/17/EC concerning the entities operating in the above mentioned special sectors. The core of this part lies in a complex...
Legal regulation of economic management of the association of residential unit owner
Kourek, František ; Oehm, Jaroslav (advisor) ; Plíva, Stanislav (referee)
The owner of anything, including a flat, treats their property with care and properly manages it if they want to use and maintain it in good condition. For apartments in an apartment building, the administration and management is more complicated because it involves not only the care of the apartment, which is owned by the individual, but also the common part of the house which is jointly owned by the owner-occupiers. Acquiring ownership of a flat or non-residential space, defined as part of the building, a transferee becomes, according to the housing law, a co-owner while holding a joint ownership of the common parts of the building. Such co-owner of the building, to satisfy the statutory conditions necessary against their will under the Act, becomes a member of the housing unit owners. Unit owners as a legal entity are created in the house, which has at least five units in the property and, at the same time, there are three different owners. Legislation in this case is based on the principle that people in every community must apply certain rules which you need to follow. In buildings where the conditions for the emergence of communities are not satisfied, these communities continue to exist without legal personality. Owners of housing units according to the law are a legal entity that is...
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...
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...
Contractual relations between a consulting company and its client
Brosková, Karolína ; Plíva, Stanislav (advisor) ; Horáček, Tomáš (referee)
Thesis: Contractual relations of consulting firm and client Author: Karolína Brosková The purpose of my thesis is to analyse the contractual relations between consulting firm and its client. The reason for my research is an increasing amount of consulting firms arising in Czech business enviroment as well as non-existence of precise and explicit regulation of these relations in Czech legal system. The thesis is composed of two main chapters, each of them dealing with different aspects of management consulting. Chapter One is subdivided into three parts. Part One is introductory and defines basic terminology of management consulting, its history and typology. Part Two deals with subjects of contractual relations between consulting firm and client. Finally part Three explains when these relations will be regulated by Czech commercial contract law. Chapter Two examines relevant Czech legislation in combination with practical examples from valid agreements. The chapter consists of two parts. Part One focuses on particularities of Czech contract law. Part Two investigates what should be included in consulting agreement. Conclusions are drawn partially in Chapter Two, part One and partially in the epilogue. The main aim of the thesis is to find out what is the economic cause of these relations, and what...
Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
Governing bodies of an entrepreneur
Janovová, Zuzana ; Plíva, Stanislav (advisor) ; Eichlerová, Kateřina (referee)
Authorised Representatives of an Entrepreneur The purpose of my thesis was to analyse the authorised representatives of an entrepreneur. I mostly focused on the authorised representatives of companies, as companies are the most common entrepreneurs. The main aim of the thesis was to define the term statutory limitations of an authorized representative's competence to act on behalf the company, find its examples in the Czech Commercial Code and analyse the consequences of not following those limitations. The thesis is composed of seven chapters. Chapter One is introductory; it defines the term authorised representative, compares it with a proxy and analyses the problem of individual or collective character of an authorised representative. Chapter Two offers a brief comparison of authorised representatives in personal and stock corporations. Chapter Three introduces other entrepreneurs than companies. Chapter Four describes the requirements that each person has to fulfill in order to become an authorised representative. Chapter Five is the most important part of the thesis. In concentrates on the areas of competence of companies' authorised representative: the competence inside the company - management of a company, and the competence outside the company - the authorisation to act on behalf of the...
The specificity of agreements on financial collateral
Zempliner, Tomáš ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
In this thesis, the author aimed to describe the specifics of agreements on financial collateral in accordance with section 323a of the act no. 513/1991 Coll. the commercial code, as amended. The Author used a method consiting of describing the purpouses of traditional elements of those security instruments, which are broken and modified by the provisions enabling agreements on financial collateral in the first part of the thesis, and further applied the purposes to the provisions enabeling the agreements on financial collateral itself in the second part of this thesis. As to the additional method of approach, the author judged this security instrument from the point of values and principles, which are the most reflected in its provisions. Author implied that the specifics of an agreement on financial collateral consist in vast differences from the traditional security instruments. These differences lie in the area of formation of such security instrument, the area of rights and duties of the contracting parties during the existence of the financial collateral, as well as the possibilities of the satisfaction of the creditor from the collateral. Author's conclusions may be summarized by the following. Agreements on financial collateral are characteristic by high extent of application of the...
Financial collateral
Podpěra, Dan ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
Title Financial Security ANNOTATION The diploma work presented deals with financial security, i.e. with one of the methods of securing an obligation, as set out under the provision of Section 323a et seq. of Act No. 513/1991 Coll., The Commercial Code, as amended. In the work as a whole, I deal in detail, on the one hand, with description of the above- mentioned legal institution, financial security, in the form ascribed to it presently by the valid and effective legal regulations in the Czech Republic. Thus, I deal with the concept of financial security in our system of law, origin of the legal institution and its inclusion in the system of law of the Czech Republic, while defining the fundamental notions being necessary to study this part of the commercial law of the Czech Republic. Further, I address explanatory and interpretation problems of financial security, both in the light of the European Union's legal regulations, which are, if simplifying, a template for our legal regulations concerning financial security, and from the point of view of our reputable law specialists, who dealt with financial security in specialised publications, in particular in their commentaries on the Commercial Code, and in articles published in professional periodicals. Also I devote a significant part of this work to the...

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