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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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Public Private Partnership
Preisler, Pavel ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Vopálka, Vladimír (referee)
1 1 Abstract The topic of this dissertation thesis is Public Private Partnership. Public Private Partnership is a new phenomenon for delivering services and works by public authorities and other public bodies and entities (as contracting authorities). It emerged in the English speaking countries, namely in the USA and UK, in the 70s and 80s of the last century. Later, because of budgetary restraints and problems with financing public con tracts other countries across the European Union and the world showed interest in this phenomenon. Public Private Partnership is an economic rather than a legal term. Legislation does not use this designation. Instead, common features of Public Private Partnership are used to describe and set down Public Private Partnership in law. It is a general designation for different forms of cooperation between public and private entities which have the following features: The cooperation is based on contractual relations, it is a long term relation and the private entity bears risks related to the performance which would bear the public entity otherwise. The objective of establishing the cooperation is to deliver services and works in the public interest and to satisfy public needs. Provided that the aforementioned features are given we can consider the relation as the Public...
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Liability of board members of corporations
Litvan, Martin ; Plíva, Stanislav (advisor) ; Černá, Stanislava (referee) ; Marek, Karel (referee)
1 Abstract - Liability of board members of corporations Liability of board members of corporations is multi-layered phenomenon, which is as well appearing in the dynamics of organisational structure and functioning of complex economic and legal mechanisms of relationships, which itself is the business corporation in its basis and not only in relationship to its own inner structure, but as well to the external subjects with which the corporation enters relationships on different levels and degrees. The question of its seizure and especially its confirmation is further complicated by dynamic development of business relationships and corporations itself, although we can presume that the basic and elementary principles of liability are basically invariable. These are legal relationship, rights and obligations of singular concrete subjects, their abiding and breaking and following consequences in shape of damages or other impacts. What is more, complications occur with the existence of different legal views on functioning of the business operations as they are established and they bring not only single legal systems in well-known forms of continental and Anglo-American views, but as well legal policies of single countries. All is enhanced by different levels of development of individual legal policy. Following...
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Contract on current account and certain related issues according to the Czech and European legislation
Liška, Petr ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee) ; Marek, Karel (referee)
Resume Contract on current account and certain related issues according to the Czech and European legislation The main attention of the Dissertation is focused on analysis of the legal regulation of the contract on current account. The rules of law in force regulate the contract on current account in the Commercial Code. Besides the Commercial Code the contract on current account is also regulated by the provisions of the Act No. 284/2009 Coll., on the Payment System, as subsequently amended. In this act there is regulated mainly a contract on payment services, system of payment and rights and obligations of the payment services providers and of the payment services users. The Dissertation comprehends research on substance of the current account principle. In connection with the current account principle it has been examined also relation of this legal term to a definition of a bank deposit. Aside from that it has been disserted on questions related to ownership title to funds on current account within the present regulation contained mainly in the Commercial Code, the Act on the Payment System and the Act No. 21/1992 Coll., on Banks, as subsequently amended. The contract on current account is by the theory subsumed under the banking contracts (transactions) or under the contracts on banking services. As...
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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...
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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...
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The board of directors of a joint-stock company and the position of its members
Řeháček, Oldřich ; Černá, Stanislava (advisor) ; Štenglová, Ivanka (referee) ; Marek, Karel (referee)
Ve své práci ukazují, jak významnou pozici zaujímá představenstvo vorganizační struktuře akciové Společnosti. Jde o statutární, řídící a výkonný orgán společnosti. Celkové zhodnocení představenstva, resp. jeho postavení dovoluje učinit závěr, že jde o orgán, který hraje "v životě" společnosti zcela zásadní a v mnoha ohledech rozhodující roli. Postavení představenstva ve společnosti odpovídají požadavky kladené na jeho členy. Vždy musí jít o plně odpovědné profesionály, znalé nejen svých práv, ale především svých povinností. Jako určité memento může sloužit následující povzdech reflektující období přeměn státních podniků ve státní akciové společnosti vletech 1990 až 1991: "Členové řídicích orgánů nebyli ani existenčně, ani hmotně zainteresováni na prosperitě státní akciové společnosti, a proto postrádali potřebnou motivaci a sebedůvěru pro prosazeni nezbytných zásadních změn (např. restrukturalizačnich, personálních a j. ). Neřešily se zásadní problémy státní akcia vé společnosti, zvláště pokud by zásahy byly spojeny s riziky, anebo dokonce s nepopulárnimi opatřeními. Navic byli členové od potřebné činnosti v řídicích orgánech odváděni jinými povinnostmi, často i osobními zájmy. " 220 V dnešní době, po mnohých neblahých zkušenostech z Evropy i ze zámoří, je třeba důrazně varovat před neodborným či dokonce...
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Contracompetitive decisions of contracting entities
Vršecký, Radek ; Boháček, Martin (advisor) ; Kotoučová, Jiřina (referee) ; Marek, Karel (referee) ; Krč, Robert (referee)
The thesis deals with typical decisions made by contracting entities which restrict the competition among economic operators. The thesis analyses the typical mistakes which are made by the contract entities in awarding procedures. The causes of mistakes being made by contracting entities can be summarized into three groups. Into the first group belong conscious mistakes. For these mistakes shall be contracting entities` agents held responsible. Into the second group belong mistakes in planning. Mistakes from the third group are made as a consequence of lack of professional skills. None of these mistakes can be prevented just by an amendment to the Act on Public Contracts. Any proposal of an amendment solving the lack of professional skills shall consider also all connected negative effects; mainly additional time demands, financial costs and the risk of underfinanced praxis turning into formalism. Professionally skilled agents are usually more careful when they apply the Act on Public Contracts because they are aware of legal risks. Considering current limited budget resources it should be decided whether to put stress on cooperation with internal or external experts. The author recommends internal experts because external experts do not do their best if they are aware of the fact being not controlled effectively by internal experts. However the current Act on Public Contracts is not perfect, the duties laid by it are enforced successfully. Considering a new amendment also the legal theory shall be taken into account. The author presumes similarity of preventing of breaches against the Act on Public Contracts and of preventing of crimes. The most important factor preventing from criminality is to be aware that the punishment is inescapable, not its rates. The author points out also the opinion of the general theory of law according to which a new act is to be passed only if there is an objective necessary need. It should not to be passed by a fortuity or because of subjective views. There should be also a time space between the amendments. There was an amendment to Act on Public Contracts approved in 2010 and European Union currently prepares amending of awarding directives. The author therefore prefers improving the praxis of awarding in the Czech Republic by granting additional human resources to the Office for the Protection of Competition to passing of another amendment to the Act on Public Contracts. The scope of the Act on Public Contracts is also not convenient for amending a list of contract clauses which are not allowed to be concluded by contracting entities. There are two reasons. Contracting entities are constituted by various groups of subjects and contracts selling their property are outside the scope of the Act on Public Contracts. Contracting entities should use standard awarding procedure to promote competition among economic operators. They should concentrate on exactness of tender conditions. A good prevention to mistakes in awarding procedure is also good planning and skilled human recourses of contracting entities.
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