|
|
Comparative advertising - the development of legal regulation in the Czech legal order
Kotva, Martin ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
This thesis is dedicated to analyzing the Czech legal regulation of competitive advertising since the year 1927, while the main focus point of the thesis lies within the analysis of European directives and Commercial code. The beginning of the thesis is dealing with the definition of several crucial terms needed for due orientation in the issue (particularly the terms "economic competition", "competitor", "general clause", "average consumer", "advertisement", "comparative advertising"). After that follows the analysis of the regulation of comparative advertising applicable in specific time periods. In the first analyzed period (1927-1950), comparative advertising was not explicitly regulated. Nonetheless it was being judged according to the general clause and special facts of the case included in the act. No 111/1927 Coll. of laws and decrees. The attitude of the legal practice towards comparative advertising was rather restrained at that time. During the next analyzed time period (1950-1991), economic competition and the regulation of unfair competition was substantially marginalized due to wide social changes. The time period 1992-2001 was, from the unfair competition regulation point of view, important, because it has seen an implementation of a relatively detailed legal regulation of the...
|
|
|
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.
|
|
|
The Types of Public Contracts
Boubínová, Tereza ; Plíva, Stanislav (advisor) ; Horáček, Vít (referee)
Abtract : The aim of the Rigorous work is to catogorize public constracts in to the three groups in terms of their object, expected values and from the prospective of Act on Public Contracts. As a part of this work is also a brief definition public contracts terminology, especially "public contracts" itself.
|
|
|
State enterprise
Jírová, Karolína ; Horáček, Vít (advisor) ; Štenglová, Ivanka (referee)
(Summary) The presented paper focuses on adjusting a state enterprise (state - owned enterprise) as a receding form of public enterprise. It sets upon itself a task of clarification, whether this legal form, which has been dominant in the past, is henceforth suitable for use in the present body of laws. Professional literature was studied to acquire relevant knowledge, legal provisions, judicial decisions, and other documents. State enterprise is a specific legal entity conducting business with national property, which has a unique public function and is supposed to generate net operating income. Its institutor can only be a state, that has a similar status as a sole partner of a business entity. Unlike other legal entities engaging in business, the state enterprise doesn't have a legal capacity to acquire assets for itself, but does acquire assets for the state. It is not liable for state obligations and state is not liable for obligations of the enterprise at the same time. This structure causes problems, because it is not consistent with a current legal rule. The paper examines general characteristics of state enterprise, historical development, effective legal enactment, property status of state enterprise, definition of sphere of authority between a founder and business bodies, and business...
|
|
|
Unjust enrichment under business law
Jančařík, Ondřej ; Horáček, Vít (advisor) ; Čech, Petr (referee)
1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.
|
|
|
The position of a guarantor (avalist) in relations regarding the bill of exchange
Charvátová, Hana ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
The position of a guarantor (avalist) in relations regarding the bill of exchange Aval is connected with a security called a bill of exchange. Besides the possibility to use the bill of exchange to secure debts, it is possible to ensure the debt embodied in the bill of exchange charter and increase its value. It is meant aval as the main theme of the thesis. The main aim of the thesis is to introduce aval from a legal point of view and assess the status of the guarantor in bills of exchange relations from the point of view of his rights and duties, especially against s and debtors (in the case of regression) in different situations and phases. The special source of legislation is the law of bills of exchange and checks that permeates the entire structure of the work. Structurally this work consists of two main parts. The first part is focused on legal formalities on bills of exchange charter and consequences in case of the absence of one of these essential formalities for the position of guarantor. The second part is devoted to aval In addition to development, formal and material conditions necessary for the origin of the bill of exchange is considerable space devoted to characteristics of aval . Another important part of this work represents creditors negotiations towards guarantor and vice versa, which...
|
|
|
Competitor's Dominant Position and Its Abuse in the Czech and European Law
Kuckirová, Natalia ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
- Competitor's Dominant Position and Its Abuse in the Czech and European Law The aim of this thesis is to identify and analyze issues of market dominance and its abuse as one of the most important areas of the competition law. An indispensable part of every analysis of such abuse is also a definition and assessment of the relevant market which we will deal with in a separate section of this thesis. The issue of abuse of a dominant position is analyzed with the help of the competition rules and the judicial practice of the competent authorities, both at the community and national level. First chapters are designed as an introduction to the issue of dominance, offering readers a better understanding of often ambiguous approach to competition law, its restrictions and distortions. We will also be dealing with related terms such as the competitor, the company and their mutual interchangeability. Special attention will be paid to the introduction and further analysis of the relevant market, where the correct definition is the basis for the assessment of any competition case. The issue of relevant market is demonstrated on particular examples, especially on the current case of Student Agency, where the mode of defining the relevant market also decides the final outcome of the case with respect to the...
|
|
|
Liability of the providers of information society services
Bošiak, Martin ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
The primary aim of this thesis is to summarize the legal framework relating to the legal responsibility of Information Service Providers (ISP). This field is regulated by the Directive 2000/31/EC ('Directive on electronic commerce') and the Czech Act No. 480/2004 Coll., on certain information society services. The secondary purpose of this thesis is to compare these two legal frameworks, consider the differences between them and identify their consequences. The legal definition of ISP is fully analyzed in this thesis however this basically means any provider of information society service, i.e service provided at a distance, by electronic means, at the individual request of a recipient of services and normally provided for remuneration. The thesis is composed of four chapters dealing with different issues. The first chapter is the short introduction into legal responsibility as a legal instrument. The main attention is given to the article 420 of the Act No. 40/1964 Coll. (Civil Code) and the changes which will be brought by the Act No. 89/2012 Coll., i.e. the "new" Civil Code effective from 1.1.2014. The second chapter deals with the first rulings concerning the ISP liability abroad (Godfrey v. Demon Internet, LICRA v. Yahoo, A&M Records v. Napster). In my point of view, these judgments are, even...
|
|
|
State Aid Law in the Czech Republic
Buryan, Jiří ; Černá, Stanislava (advisor) ; Horáček, Vít (referee) ; Kindl, Jiří (referee)
UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA DISERTAČNÍ PRÁCE Právo veřejných podpor v České republice 2012 JUDr. Jiří Buryan, LL.M. Školitel: prof. JUDr. Stanislava Černá, CSc. Summary The subject-matter of the thesis "Právo veřejných podpor v České republice" ("State Aid Law in the Czech Republic") is regulation of state aids within the European Union and especially its impacts on the legal order of the Czech Republic. The author's approach is that the regulation of state aids, although originating from the EU law, has significant impacts into the Czech law, into the areas of business, competition, administrative and civil law. Hence, the basic aim of the thesis is not only to describe the state aid regulation on the EU level but also to specify implications to the Czech law and interactions between the state aid rules and Czech national laws. In this respect, the thesis enters a new field within the Czech academic literature. No other similar work has been published, with exception of Michael Kincls's work "Veřejná podpora v Evropské unii" ("State Aid Law in the European Union") of 2004 which was, however, aimed more as an easily understandable hand-book for public authorities granting aids than as an academic work. In the introductory chapters of the thesis the author explains what is the purpose of the...
|
|
|
Commencement, change and termination of membership in housing cooperative
Raszková, Pavlína ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee) ; Zahradníčková, Marie (referee)
v anglickém jazyce This work deals with the establishment, changes and termination of membership in a housing cooperative. The first level of my work is introduction of the topic under current, valid and effective legislation, in particular pursuant to Act No. 513/1991 Coll., The Commercial Code, as amended, and pursuant to Act No. 40/1960 Coll., The Civil Code, as amended. This part of the work is accompanied with a current views of legal theory and case law. The second level of my work deals with establishment, changes and termination of membership in the housing cooperative under new legislation, as of 1 January 2014. Re- codification of private law effective as of 1 January 2014 involves inter alia Act No. 89/2012 Coll., The Civil Code, which will regulate civil and commercial relations and Act No. 90/2012 Coll., the Law on commercial companies and cooperatives (business Corporations Act) which will regulate commercial companies and cooperatives.
|
guest ::
