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Exceptions from duty of public procurement in accordance with the law of public procurement
Wellartová, Lucie ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
v anglickém jazyce The thesis concentrates on the issue of exceptions from public procurement codified in the Public procurement act 134/2016 Coll., which has been so far mostly neglected by the academic literature. It analyses both the theoretical setting as well as the practical application of this legal institute and the decision-making practice of the authorities in charge of the public procurement area, especially the Office for the protection of competition. By doing so, the thesis strives to overlap the fragmentation of the institution across several sections of the Public procurement act. Exceptions from the obligation to award public contracts according to the Public procurement act represent a frequently used institute whose aim is to enable efficient procurement of goods, services and buildings, which - for various reasons - are not suitable for awarding procedure set in the Public procurement act, i.e. procurement procedure would not be efficient, rational or even possible. In this respect, the thesis attempts to outline the basic principles of application of public procurement exceptions, which reflects the wording of the legislation as well as the intentions of its authors and which is compliant with the current decision-making and monitoring practice of the relevant authorities. The...
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Legal aspects of state property management
Štancl, Michal ; Horáček, Tomáš (referee)
Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a tři klíčová slova v anglickém jazyce Title: Legal aspects of state property management Abstract: When acting in the field of private law, State has the quality of a legal entity. However, State is a legal entity of its own kind. It has an immanent double nature and consequently it doesn't cease to stand on the border of private and public law. The principle of legality doesn't apply to State as a private law actor, which means that it can do even what is not explicitly permitted by the law. On the other hand, State cannot fully exploit autonomy of its will because its legal actions are rigorously predestined by the rules setting clear limits to it. Those limits in form of restrictive dispositions are addressed directly to organizational units of the state and state organizations and their purpose is to ensure efficient and economical management of state property as it is in the public interest. This dissertation aims to analyse the individual elements of property relations of the State. The most important subject in those relations is State itself. Nevertheless State cannot be regarded as one compact and confluent unity. On the contrary, its internal structure is crucial. The effects of internal structure of the State on the property...
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Specifics of the contracting process for award of the public contract
Randýsková, Hana ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Specifics of the contracting process for award of the public contract Abstract The rigorous thesis deals with legal regulation of the special contracting process that serves as grounds for awarding the public contract. The aim of the thesis is to perform an analysis of particular acts, which occur in connection with conclusion of a contract in the procurement procedure. The author looks at this significantly formalist process, which serves to allocate public funds, from the perspective of legislation of concluding contracts as defined in the Civil Code and tries to indicate relevant differences, but also similar elements of the described regulations. In the first part of the work, the classification of the legal regulation of public procurement within the system of law is first performed and the consequences that result from this fact are outlined. Subsequently, an analysis of the public procurement basic principles is performed with a focus on their influence during the contracting process. Connected to these leading ideas, the author is answering the question of whether they can also be found within the scope of general private law legislation in some form. The next part of the presented work is devoted to the acts, which, albeit they precede the commencement of the procurement procedure, often have a...
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Insolvency of a dependant person and its group consequences
Smetana, Tomáš ; Horáček, Tomáš (referee)
Insolvency of a dependant person and its group consequences Abstract The thesis deals with the consequences that the Czech Act on Business Corporations and the Insolvency Act provides for the case of bankruptcy of a dependant entity in relation to the remaining entities in the group. First, the general conceptual bases are discussed and the value of the principles of limited liability and individual legal personality in the context of the business group is explained. One chapter is devoted to international issues that arise in the context of bankruptcy within business groups, that is, both private international law and harmonization issues. The importance of harmonization is explained with reference to universalism, the leading way of thinking in solving cross-border bankruptcy, and in other parts of the thesis, Czech law is compared with the international standards of insolvency law of UNCITRAL and the World Bank. Furthermore, the ways in which the liability of a group member for the debts of an insolvent corporation can be inferred are analyzed. These include, in particular, the English law inspired wrongful trading regime contained in s. 68 of the Act on Business Corporations and the liability of the dominant entity for the debts of the dependant entity if the dominant entity causes the dependant entity...
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New corporate law imperativeness and dispositivity
Szmuda, Jozef ; Horáček, Tomáš (referee)
Název, abstrakt a klíčová slova v anlickém jazyce New corporate law imperativeness and dispositivity Abstract This dissertation thesis focuses on the basic premise that the autonomy of the will, as a fundamental principle of private law, also applies to corporate law. When researching the imperative and dispositive norms of corporate law, one must examine how the autonomy of the will can be manifested and limited. All the limitations of the autonomy of the will to dispose of its private-law relations are realised through certain limits, which set boundaries that cannot be overstepped by the subjects of legal relations. Therefore, this paper contains the categorisation of the types of restrictions on the autonomy of the wills and the limits through which these types of restrictions on the autonomy of the will are realised. Exploring the limits of the autonomy of the will leads to a preliminary conclusion that all these categories follow a general requirement, that the legal actions should be in accordance with the meaning and purpose of law. The meaning and purpose of a legal norm can be considered as a basic criterion for defining the legal norm as imperative or dispositive. However, it must be emphasised that the limits on the autonomy of the will may be imposed not only by imperative norms, but also by...
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Registration and Use of Domain Names in Unfair Competition
Zajíc, Jan ; Horáček, Tomáš (referee)
Registration and Use of Domain Names in Unfair Competition The subject of this diploma thesis is the application of Czech law concerning unfair competition to the unfair competition practices related to registration and use of domain names, in particular to the unfair competition practices of cybersquatting. The aim of the thesis is examining questions whether the Czech legislation provides an effective instrument for ensuring legal recourse to the practices concerned. In order to solve the stated issue, the author of the thesis describes in the first chapter, mainly by the descriptive method, the necessary technical basis of domain name problematics and registration, in the second chapter defines the legal nature of a domain name and related rights considering the recodification of civil law, in the third chapter the author analyzes mainly by the descriptive method the legal grounds of EU legislation on competition, the form of regulation and its influence on the national regulation of unfair competition. The fourth chapter examines the general provision of unfair competition and analyzes whether the general provision is correctly interpreted and applied by courts to unfair competition practices of cybersquatting, particularly whether the courts correctly interpret the concept of the normative...
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Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations)
Král, Tomáš ; Horáček, Tomáš (referee)
Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations) Abstract The thesis deals with time of performance of an obligation from the perspective of private law and focuses on entrepreneurs' obligations. The aim of the thesis is to provide a comprehensive description and analysis of the topic. Time of performance is analysed while employing functional approach and its relationship with other legal institutes is emphasized. The thesis is divided into five chapters. It starts with general subjects and ends with the special ones. The first chapter provides a general introduction to the topic. Time of performance is classified within the law of obligations and its functions are analysed. Then there is a comparative excursus, which is made use of later in the thesis, that focuses on prerequisites of remedies for non-performance. The thesis then focuses on terminology (time of performance, maturity, ability to perform) and on the concept of time in the field of law. In the second chapter, cases where time of performance is determined in advance (Section 1958 para. 2 CC) are analysed and particular sources of time of performance are illuminated. The third chapter deals with cases where time of performance is not determined in advance and depends either 1) upon the will of a creditor (Section...
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Conclusion of adhesion contracts by entrepreneurs
Hlůže, David ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
Conclusion of adhesion contracts by entrepreneurs Abstract The aim of this work is to describe the conditions under which the protective provisions of the Civil Code on the conclusion of contracts in an adhesive manner are applied in relations where the entrepreneur acts. In this regard, attention is focused on the definition of the weaker party and the individual conditions that the entrepreneur must meet if he is to enjoy the protection of the weaker party. Subsequently, the work deals with the institute of concluding contracts in an adhesive manner, formulating its individual features and manifestations, especially in commercial practice. This work consists of an introduction, four chapters and a conclusion. The first chapter forms the basis for the rest of this work, by defining the weaker party with an emphasis on relations between entrepreneurs. Furthermore, this form describes the form of protection of the weaker party with an analysis of private and public protection of the weaker entrepreneur. The second chapter deals with contracts concluded in an adhesive manner and burden of proof beard by the contracting party. Subsequently, this work captures the most common forms in contractual practice such as general terms and conditions, form documents or framework contracts. A specific form of adhesion...
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Possible remedies for incorrect procedure used by contracting authority in public procurement
Randýsková, Hana ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Possible remedies for incorrect procedure used by contracting authority in public procurement Abstract The aim of the diploma thesis is to provide analysis of incorrect procedures of contracting authority in public procurement and possible remedies. Particularly from the position of the contracting authority itself and partially from the position of the economic operator, who is able to initiate corrective measures through the institutes of protection against irregular practices of contracting authority. The submitted thesis also deals with certain interpretative problems of the contemporary legislation of public procurement, which may be directly related to the mistakes of the contracting authorities. The first chapter discusses basic concepts of public procurement law and delineates exemplary conduct of one of the typical types of procurement procedure, namely open procedure. The second chapter deals with frequent mistakes and possible remedies of those mistakes by the contracting authority within the time limit for the submission of tenders. The focus of this chapter is on the procurement documents, its explanation and alteration or supplementation. The third chapter follows the second chapter, because it deals with incorrect procedure used by contracting authorities and possibilities of their remedies...
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Remedies granted to a supplier against improper conduct of a public authority in tendering procedures - comparison of Czech and German legislation
Maláčová, Hana ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
Remedies granted to a supplier against improper conduct of a public authority in tendering procedures - comparison of Czech and German legislation The aim of this work was to describe and compare the remedies granted to suppliers in public procurement procedures in the Czech and German legislation. The emphasis was logically on the analysis of German remedies, because it is a foreign regulation. In the introduction of this work I briefly describe the historical development of public procurement in both countries, the system of review bodies and the legislation that regulates the field of public procurement in both the Czech Republic and Germany. The main part of the work is then devoted to remedies that can be initiated before concluding the public contract. In the case of Czech legislation, these are objections, a petition to review the actions of the contracting authority, a motion to commence proceedings by virtue of office and an appeal. In the case of the German legislation, these are objections, a petition to review the actions of the contracting authority and an immediate complaint. The second main part of this thesis then introduces the remedy after the conclusion of the contract, i.e. a petition to impose a ban on the performance of a public contract, and in particular compensatory...
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