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The bodies of capital companies
Schindléryová, Andrea ; Zahradníčková, Marie (advisor) ; Štenglová, Ivanka (referee)
180 Abstract: Topic of my thesis is "The bodies of capital companies". The goal of this thesis is analyzing the characteristics and specific aspects of the current legal regulation of the bodies of capital companies in the Czech republic and according to the new regulation in the Bussiness Corporations Code. In my thesis I compared the current and the forthcoming legal regulations of the bodies of capital companies. The thesis deals with the general issues of capital companies, their bodies and possible ways of its internal organisation. Moreover, in my thesis I focused on the individual bodies of capital companies, which means the genereal meeting, executive bodies and supervisory bodies, while I take into consideration both current and forthcoming legal regulation.
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The Concept and Types of Bills of Exchange and Promissory Notes
Bulušek, Petr ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
RESUME Bills of exchange and promissory notes are one of the most used instruments of business relationships in the area of Geneva law. This fact was undoubtedly caused by the unique attributes of bills of exchange and promissory notes which are represented especially by formality, obviousness, transparency and imperative nature. The main reason for compiling this dissertation is to describe disputed facts of bills of exchange and promissory notes with regard to the cases and scientific research. The dissertation deals only with the more detailed survey of the main topic, the other matters of legal relations bills of exchange and promissory notes will not be covered in this research. It contains authentic texts representing and explaining the topics in question. The dissertation provides a coherent interpretation of the chosen topic and it is the basis for the solution of certain problems in practice. The dissertation consists of four chapters and each of these chapters is subdivided into more specific units. The first chapter is an introduction to the history and current system of exchange law. The second chapter deals with the basic institutions of exchange law including types of bills of exchange and promissory notes. The third chapter is a resource for legal information and it deals with judicial...
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Set off in commercial obligation relationships
Jäger, Marek ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Zahradníčková, Marie (referee)
1 Abstract Although set-off represents one of the most frequent processes of the discharge of obligations unlike performance, the contemporary specialized literature deals with it only in its fragmentary exposures. However, there is no systematic elaboration of this process of the discharge of obligations. The regress of the attention paid to the discharge of obligations by set-off apparently persists from the time, when set-off as a process of the discharge of obligations, which was unfamiliar with the central directed political economy, receded into the background. Therefore the exordium deals with the essence of set-off first of all, further with its relationship to the discharge of obligations by performance as well as with the position of set- off in public law. The chapter treating of the essence of set-off aims to void of its understanding by the economic connotation of this process of the discharge of obligations and to get near to its law essence. It is possible to think of this essence both from the viewpoint of the debtor who waives an obligation and from the viewpoint of the creditor who gains a substitutionary satisfaction of his receivable without an acceptance of the other party of an obligation relationship and without the necessity to enforce this receivable by a court or other authority....
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The law surrounding the .eu domain
Allnutt, Markéta ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
In my thesis I analyse the law surrounding the ".eu" domain and I compare the legal regime of the ".eu" domain with the other TLDs. My thesis is divided into four parts. The first part is devoted to the technical structure and general legal nature of domains. I analyze further, which legal relationships can arise with connection to domains. In the second part I focus on the domain ".eu", particularly on it's legal regulation, the registration process and related legal relationships. In the last two parts I concentrate mainly on domain disputes. In the third part I focus on the relationship and collision of domain names with trademarks and unfair competition. I also analyze the connection between general domains and unfair competition. The fourth part is devoted to alternative dispute resolution of the domain ".eu", i.e. ADR proceeding and decisions of Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. The main conclusion that I have made is that the ".eu" domain is the only domain, which is regulated by law and by ADR decisions. That provides for ".eu" domain holders more secure and steady regime compared to the other TLDs.
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Contractual Acquisition of a Shareholding Interest in a Limited Liability Company
Horáková, Adéla ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
This thesis describes a typical process of acquisition of a shareholding interest in a limited liability company. In each of the phases of the process, the thesis identifies and analyses the main problems and questions related to the transfer of a shareholding interest, and also provides recommendations as to how to reduce or eliminate the related risks. Further, the pertinent issue is compared to the legal regulation after the new Civil Code and the Act on Business Corporations enter into effect.
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Holding company as matter of fact (selected issues)
Zvolánek, Jakub ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Holding company as matter of fact In the 19th century the concept of artificial legal persons as independent legal entities separate from their shareholders was created. The joining of companies into corporate groups is in contradiction with the abovementioned concept. Nevertheless, corporate groups are a reality and every legislator had to deal with this issue and create sufficient legislation, considering the protection of minority shareholders on the one hand and the possibilities of the evolution of corporate groups on the other hand. Current Czech legislation regarding corporate groups is more than 10 years old and yet there are still contradictions in the interpretation of the basic provisions of the law of corporate groups amongst experts. My thesis is divided into two parts: the first part consists of the interpretation of the basic provisions of the Commercial Code regarding corporate groups. I used all the basic methods of interpretation, especially the comparison of different expert opinions to provide complex and clear interpretation. The goal of the first part was to point out the abovementioned contradictions and offer my own point of view to readers. In the second part of the thesis, I focused on the option of the holding company to force the controlled company to enter into an...
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The concept of a bill of exchange and promissory note
Moravec, Tomáš ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
- The concept of a bill of exchange and promissory note I have chosen the topic of the Thesis "The concept of a bill of exchange and promissory note" particularly due to the fact that I have become interested gradually in the issue of bills of exchange and promissory notes and in particular bill of exchange and promissory note essentials during the seminars of the commercial law and writing of the thesis has been an opportunity for me to extend my knowledge, concerning this institute. I got intrigued by the bills of exchange and promissory notes, particularly by their remarkably constant and permanent legislation in conjunction with specific requirements for formal quality, which is typical for bills of exchange and promissory notes. In my opinion, the bills of exchange are widely used instrument in our daily life, whose features and drawbacks their users may not even realize. It is for that reason, that the bill of exchange and promissory note essentials need increased attention due to their fundamental importance. The aim of my thesis has been to analyze primarily individual bill of exchange and promissory note essentials with the use of literature, and also of the rich case law, which relates to this theme. The thesis consists of four chapters, with the first chapter entitled "Introduction to...
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Transfers of the ownership of the cooperative apartments
Taragelová, Sláva ; Zahradníčková, Marie (advisor) ; Čech, Petr (referee)
The aim of this thesis is to analyze legislative regulation of the transfers of the ownership of the cooperative apartments. The reason for my research is, because I consider this topic to be hot, relevant and still developing, moreover with new Czech private law legislation, which is coming into force on 1st January 2014. This thesis composes of four chapters, each of them dealing with different aspects of transfers of ownerships of cooperative apartments. Chapter one is introductory and defines basic terminology important for understanding this thesis. It is subdivided into for subsections. First subsection introduce cooperative company, it`s principles and more. Second subsection investigates housing cooperatives as special type of cooperatives, it`s legal base and special forms. Third subsection deals with definition of apartment and the last subsection with cooperative apartments. Second chapter in this thesis is addresses issue of comparison of ownership, rent or cooperative rent, deals with every regime and finds out cons and pros of each one of them. Third chapter is the main one, which illustrates types of transfers of the ownership of the cooperative apartments, which are possible in Czech law. It also deals with procedure of transfer itself and introduces special conditions in certain...
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Contract for the sale of enterprise
Trnavský, Vladimír ; Černá, Stanislava (advisor) ; Klimeš, František (referee) ; Zahradníčková, Marie (referee)
THESIS TITLE OF THESIS: Contract for the sale of enterprise AUTHOR: Mgr. Vladimír Trnavský DEPARTMENT: Commercial law department ADVISOR: Prof. JUDr. Stanislava Černá, Csc. The theme of the thesis is "contract for the sale of enterprise". The theme itself is very acctented within the frame of legal practice. The main goal of this work is to outline the development genesis of the legal term enterprise since the time of classical roman law period to the contemporary legal regulation and subsequently, after defining the fundamental charts of the contract for the sale of enterprise, to answer specific questions resulting from the contract for the sale of enterprise in specific situations, i.e. the question of joint ownership of enterprise, legal frame of joint ownership relating to particular components of the enterprise, question of plurality on one or both parties to a contract a its consequences in commercial and labour law. The assess of creation of active and passive solidarity and its impact on the sale of enterprise i salso emphasized. Among the thesis goals also belongs the finding the answer on query of specific property values (for example the shares in cooperative society) with respect to the person who acquires the entrerprise and with respect to possible plurality of buyers. The goal of...
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Selected Business Aspects of Insolvency Proceedings
Mašek, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Thesis: Selected Business Aspects of Insolvency Proceedings The reason why I have decided for my thesis topic is that the connection between business law and insolvency law is a field which has not been studied comprehensively so far. However my opinion is that these law branches have a lot in common as we can see daily their intersection in many insolvency proceeding. Object of this thesis is to describe the main areas in which clashes insolvency law with business law and then define questions which issue from this clash and answer those on which the Insolvency Act and Business Code do not offer clear answers. As I mentioned the connection between insolvency and business law is not focused comprehensively by doctrine. Therefore I work particularly with decided cases and legal interpretation books as sources for my thesis. The text offers two points of views on this topic. The first is aimed to company (especially its statutory body) which becomes insolvent. The second is aimed to third parties who do business with an insolvent company. The first part of my thesis is engaged in short description of historical development of insolvency law in Czech. Then it is focused on explanation of basic insolvency terminology in context of business law. The second part of the thesis deals with duties of...
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