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Arbitration clauses in consumer contracts and protection of consumer in arbitration
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The text deals with some fundamental issues concerning arbitration clauses in consumer contracts and protection of consumers during arbitration proceedings. The purpuse of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, which have come into force on 1st April 2012. The thesis is composed of five chapters. Chapter One is rather general and characterises major institutes of arbitration (with regard to disputes arising out of consumer contracts). Its eleven parts report on definition of arbitration and its forms, its inclusion among ADR mechanisms, reflections on suitability of arbitration in consumer disputes, its history and recent development, legal sources, basic principles, advantages and disadvantages in consumer disputes, main doctrines and fundamental conditions for arbitration (arbitrability and arbitration agreement). Chapter Two focuses on so-called "arbitration centres". The chapter consists of for parts. Part One describes their legal status. Part Two refers to recent discussions about admissibility of arbitration clauses recommended by centres. The next part seeks to draw attention to critical views of case law mentioned in the previous...
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Discharge as one of modes of insolvency solution
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
The text deals with institute of discharge as one of modes of insolvency solution according to the Insolvency Act. The purpuse of the thesis is to analyse current regulation and conclusions of judicial practise. The thesis is composed of seven chapters. Chapter One is rather general and characterises the nature and purpose of discharge. Chapter Two focuses on foreign sources of inspiration for our legislation. Its three parts report on regulation similar to our discharge in the USA, Germany and Slovakia. Chapter Three is subdivided into five parts and provides information about discharge conditions, namely the state of insolvency or the imminent insolvency, a subjective admissibility of discharge (which further discusses the evolution of the interpretation of this issue), the requirement of minimum dividend to unsecured creditors, honest intent and responsible approach of the debtor towards fulfilment of obligations in the insolvency proceedings. Chapter Four concentrates on discharge from a procedural point of view. Firs it deals with a insolvency petition of the debtor and with a petition for the discharge permit. The second Part is focused on a decision on the merits of the petition for the discharge permit, the third Part on procedural steps following the decision by which discharge is permitted and the...
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Discharge as one of modes of insolvency solution
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
The text deals with institute of discharge as one of modes of insolvency solution according to the Insolvency Act. The purpuse of the thesis is to analyse current regulation and conclusions of judicial practise. The thesis is composed of seven chapters. Chapter One is rather general and characterises the nature and purpose of discharge. Chapter Two focuses on foreign sources of inspiration for our legislation. Its three parts report on regulation similar to our discharge in the USA, Germany and Slovakia. Chapter Three is subdivided into five parts and provides information about discharge conditions, namely the state of insolvency or the imminent insolvency, a subjective admissibility of discharge (which further discusses the evolution of the interpretation of this issue), the requirement of minimum dividend to unsecured creditors, honest intent and responsible approach of the debtor towards fulfilment of obligations in the insolvency proceedings. Chapter Four concentrates on discharge from a procedural point of view. Firs it deals with a insolvency petition of the debtor and with a petition for the discharge permit. The second Part is focused on a decision on the merits of the petition for the discharge permit, the third Part on procedural steps following the decision by which discharge is permitted and the...
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Arbitration clauses in consumer contracts and protection of consumer in arbitration
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The text deals with some fundamental issues concerning arbitration clauses in consumer contracts and protection of consumers during arbitration proceedings. The purpuse of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, which have come into force on 1st April 2012. The thesis is composed of five chapters. Chapter One is rather general and characterises major institutes of arbitration (with regard to disputes arising out of consumer contracts). Its eleven parts report on definition of arbitration and its forms, its inclusion among ADR mechanisms, reflections on suitability of arbitration in consumer disputes, its history and recent development, legal sources, basic principles, advantages and disadvantages in consumer disputes, main doctrines and fundamental conditions for arbitration (arbitrability and arbitration agreement). Chapter Two focuses on so-called "arbitration centres". The chapter consists of for parts. Part One describes their legal status. Part Two refers to recent discussions about admissibility of arbitration clauses recommended by centres. The next part seeks to draw attention to critical views of case law mentioned in the previous...
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