National Repository of Grey Literature 232 records found  previous11 - 20nextend  jump to record: Search took 0.00 seconds. 
Liability for defective prospectus
Mach, Tomáš ; Čech, Petr (advisor) ; Elek, Štefan (referee)
1 Liability for defective prospectus Abstract The aim of my thesis is to provide a paper that discusses the overall consequences of an issuer who, in connection with public offer of securities or their admission to the trading on regulated market, provide and make public a defective prospectus that contains untrue, incomplete and misleading information. The thesis does not deal with all aspects of the laws of prospectus. Instead, it focus on particular issues in relation to the prospectus. Mainly, it deals with civil liability arising out of the defective prospectus. As a consequence, the other sanctions, eg. administrative or criminal, are not included in the thesis. In my thesis, I consider prospectus as an informative document that ought to provide certain information in order to protect investors. These information must not be untrue, incomplete or misleading so that the high standard of protection to investors is preserved. High standard of investors protection include, inter alia, higher liability attached to a prospectus. Legal regulations governing civil liability attached to a prospectus are not harmonized on the EU level. Instead, broad discretion is given to Member States in order to provide their own legal regulation regarding civil liability for a defective prospectus. That opens free field for...
Damage caused by information or advice - Czech adaptation, DCFR and PETL
Mladá, Klára ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Damage caused by information or advice - Czech adaptation, DCFR and PETL Abstract This thesis deals with liability for damage caused by administration of incorrect information or harmful advice, which is governed by Section 2950 of Act No. 89/2012 Coll., The Civil Code. At the same time, it deals with its relation to the documents of the European legislative groups, namely the document of the Principles of European Tort Law (PETL), and the Draft Common Frame of Reference (DCFR). The aim of this thesis is to introduce annotated provision, its inclusion in the systematics of the Civil Code and to outline the possibilities and requirements of its application. This goal was also necessary to subject to an examination of the view of PETL and DCFR European documents, which inspired the legislative decision to include the annotated provision in its current form into the Code and even it was an inspiration for the creation of the Civic Code itself. In the context of introducing the annotated provision, it was necessary to develop the individual topics that formed the basis for accountability according to Civil Code in general, in the concrete in relation to the annnotated provision and, finally, in relation to the intentions of the PETL and DCFR European documents. The main subjects are therefore the subjects of...
The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Kudrlička, Adam ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy Abstract The main aim of this thesis is to evaluate the extension of Internet piracy as well as to determine which subjects are liable for the unlawful sharing of files and copyright protected works by using different platforms. I have decided to write about this topic primarily because of the persisting phenomenon of Internet piracy and copyright infringement. In this thesis I am proposing some ideas which could help to fight Internet piracy. I am also considering current EU legislation and the EU case-law regarding copyright on the Internet. The thesis is divided into eleven chapters, which include sub-chapters. The opening chapter introduces the reader to the piracy phenomenon and copyright infringement. The following chapters deal with the evolution of the Internet in the world in general and in the Czech Republic specifically. The third chapter describes copyright in cyberspace. Further, I consider the relevant international law, legal sources of copyright in the EU and the copyright legislation in the Czech Republic, including the protection against administrative offences in the field of copyright and criminal offences. The fourth chapter highlights specific examples of liability...
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages
Vyskočilová, Martina ; Pítrová, Lenka (advisor) ; Kopecký, Martin (referee)
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages This thesis focuses on liability for damage caused by exercise of public authority with an emphasis on the institute of regress damages as stipulated by Act. No. 82/1998 Sb. The institute of regress is emphasized throughout my paper as the fundamental research questions are: How is the institute expressed by positive law? Is it being used or is it only an empty provision? And how exactly is it being used? What is the success rate? If it is not used, what are possible reasons? The text is divided into four parts with subparts of first and second level. First part analyzes the key terms such as liability, damage, public authority and its entities. There is a disctinction between the public authority entity, who is liable for the damage, and the actual bodies, who exercise the authority. I also included a brief subchapter related to damage caused by lawful exercise of public authority. Second part analyzes how liability for damage caused by public authority is enshrined in the Czech Republic. First I addressed constitutional and international aspects, followed by provisions of Act. No. 82/1998 Sb., which is the foundation stone of the regulation. Third part is dedicated to the institute of regress...
Presumptions for constitution of damage responsibility
Svejkovský, Vít ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Presumptions for constitution of damage responsibility Abstract The aim of this rigorous thesis is to bring closer the presumptions for the constitution of damage responsibility. In terms of time, the first presumption is the breach of duty. Therefore, the first chapter deals with the breach of duty, focusing more closely on violation of good morals, breach of law and breach of contractual obligations. In conclusion, the first chapter focuses on circumstances excluding unlawfulness, especially necessity and self-defence. The second chapter deals with the second presumption for the constitution of damage responsibility that is damage. This chapter divides the damage to material damage and immaterial damage. The material damage is also mentioned with its individual components, which are the real damage and the lost profit. And for immaterial damage, some of its provisions are specified in special laws. The second chapter also covers the civil legislation in the Federal Republic of Germany, specifically contained in the German Civil Code. The third chapter deals with the third presumption for the constitution of damage responsibility, which is the cause between the breach of duty and the consequent damage. The cause to the difference from the previous two presumptions is almost not described in the Civil Code....
Liability for the damage caused by a thing
Kozic, Juraj ; Šustek, Petr (advisor) ; Elischer, David (referee)
The primary subject of this rigorous thesis, as its heading suggests, is the issue of civil liability, namely for the damage caused by the act or the use of a thing. The main aim of this rigorous thesis is to provide its readers with the comprehensive interpretation of the tort liabilities contained in the provisions § 2936 up to § 2938 of the New Civil Code in order for them to have a clear idea, on which cases and under what circumstances these tort liabilities shall apply. There are also examined the problematic parts of the above-mentioned legal provisions, respectively the pitfalls that may occur during their interpretation and application. In my opinion the tort liabilities in question are not used in the practice frequently, which shows also the fact that until today new judicature has not been developed to this relatively new legislation. This is despite the fact that these tort liabilities provide considerable potential for the enforcement of the claims in practice. It is then analyzed in detail regarding each of the above-mentioned tort liabilities, whether it is subjective or objective type of liability. From my point of view all these cases are the objective type of liability, in spite of some diverse opinions of legal doctrine. This conclusion also supports an increased interest in the...
The nature and importance of clinical pastoral care in perinatal centres (with an emphasis on family support) and the possibility of subsequent pastoral care
The thesis deals with the essence and importance of clinical pastoral care in perinatal centers (focusing on the family) and the possibilities of subsequent pastoral care. This problematics opens up brief descriptions of the family and the treatise on the pregnancy and the child. The following is an introduction by field of perinatology and outline of care in the perinatal centers (with a preferential view of the risk department and pathological pregnancy, the obstetrical hall, neonatological JIRP and the puerperology department). The selected are risk and pathological conditions in the perinatology are mentioned , as well as the specific conflicting situations in perinatology . The following outline is problematics at the beginning of an individual human life, which goes into another very controversial question, touching the human right to a (healthy) child and a look at ethical reproduction problems. Furthermore, the work is already focused on the definition of the essence and importance of clinical pastoral care in the perinatal centers and in the area of possibilities of subsequent pastoral care. The chapter on human freedom and its responsibility for decisions is closed by the topic.
Immunities in the Constitutional System of Czech Republic
Malcová, Barbora ; Kudrna, Jan (advisor) ; Jirásková, Věra (referee)
Immunities in the Constitutional System of Czech Republic The thesis Immunities in the Constitutional System of Czech Republic examines the enshrinement of the immunity of selected public officials in domestic legal system. The essay describes the objective state of legislation as well as the development of academic view of the system of exceptions and the attitude of the persons, in whose favor the element works. After a short introduction, whose purpose is to outline some possible opinions and generally believed myths about parliamentary immunity; the thesis explains some terms related to the institute - material immunity, procedural immunity, and procedural exemption. The main body of the paper reviews the individual types of immunities in detail. The first chapter discusses the Members of Parliament - the immunity of the Deputies and the Senators. It shows the evolution of the constitutional basis to the institute, presents the current form of Article in the Constitution with a numerous cases when the immunity of an MP was removed by the Parliament. It also deals with the connection of the constitutional articles to the rules of procedure of the Chambers. The thesis describes selected problematic aspects of the institute, and demonstrates a number of those with historical and present court...

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