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Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
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Basic principles of public tenders
Frencl, Lukáš ; Plíva, Stanislav (advisor) ; Horáček, Vít (referee)
101 SUMMARY The Basic Principles of Public Procurement The purpose of my thesis is to analyze the basic principles of public procurement. I've chosen this subject because of my great interest in public procurement law. Contracting authorities spend public money in awarding public contracts and the public definitely have an interest in the economical and effective expenditure of public money. Procurement rules are an important instrument in getting advantages such as a lower price, better knowledge about the market and better service from suppliers. Recently, new EU public procurement directives were adopted (directive 2004/17/EC and 2004/18EC). The Czech legislator implemented the new EU public procurement directives into the new Act No. 137/2006 Coll., on Public Procurement. In my thesis I am concerned with both sources. In the EU level I especially deal with directive 2004/18/EC. I try to identify the most important issues in the directive 2004/18/EC from the point of view of the basic principles and appraise their implementation into the Czech legislation. In my thesis I also use judicature (judicature of the European courts as well as Czech courts) a lot, because judicature is very important in this field of law. Not all questions which are rising from applying basic principles are solved in legal...
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Legal conduct of individual forms of business companies
Mahdal, Miroslav ; Zahradníčková, Marie (advisor) ; Plíva, Stanislav (referee)
Legal Act of particular forms of business companies ABSTRACT This thesis goes into integrated problems of legal act of business companies, as in general term - with the outline of philosophical and conceptual aproaches to this subject and with the explanation of basic concepts of legal act and business companies, as especially in term of legal act allowance of business companies in Czech rule of law, with the reference to the upcoming re-codification of private law that will also affect the selected subject. The first part of the thesis introduces the reader into the problem of legal ct of business companies and the reader is equipped with the necessary knowledge of approaches and basic concepts that refer to the given problems, as in term of current Czech rule of law, as in historical and philosophical term, whereby it presents the wider view of the mentioned subject to the reader. The second part of the thesis goes into the legal act of business companies in the Czech rule of law, resp. in general term, when the given problems strike upon all business companies. It explains two basic forms of possible legal act of business companies - resp. the direct act of statutory body and the representation. The Business Code interprets it in its § 13 Par. 1, the second sentence: "The legal person acts by way of...
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Public Procurement: analysis of the most common errors
Střechová, Lenka ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
In my rigorous thesis I deal with the process of public procurement with focus on the most common errors, which occur within the process of awarding the public contract. Its goal is not the description of the process of public procurement and its mechanisms, but it focuses only on its critical areas in which the public authorities usually err. The emphasis is put also on the basic principles of the public procurement, i. e. transparency, prohibition of discrimination and equal treatment, which in my opinion, have to be reflected within the whole process of public procurement. Hence I will analyze how the contracting authorities deal with these principles. This rigorous thesis is based especially on the decisions of Office for the protection of the economic competition and the administrative courts. On the basis of these decisions are explain some of the aspect which are not directly regulated by the Act on Public Procurement and which result to be problematic for the contracting authorities.
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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...
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Selected issues of public tenders
Loucká, Jitka ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Diplomová práce Vybrané otázky zadávání veřejných zakázek 76 RESUMÉ THESIS: Selected issues of public tender The purpose of my thesis is to analyse selected issues of public tender, namely tender documentation, qualifications, fulfilment and assessment. I chose to tackle this subject as I regard it as being very topical and interesting, bearing in mind that we are talking about spending high amounts of public cash by a contracting authority (such as state allowance organisation, territorial self-governing unit or the Czech Republic itself, etc.). The thesis includes four chapters as well as an introduction and a conclusion, each of them dealing with different aspects of the Act on Public Tenders. Chapter Two is introductory and defines basic terminology used in the thesis: public tender, the contracting body, types of awarding procedures and basic principles of this procedure such as transparency, equal treatment and non-discrimination. The chapter Three, referred to as Tender Documentation, is subdivided into five parts. It includes a definition of the basic institution in the first part, and the remaining parts deal with technical specifications, classification of subject-matter of public contract, supplying of tender documentation to economic operators and providing additional information to tender...
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Statutory liability under the Commercial Code
Vrba, Milan ; Plíva, Stanislav (advisor) ; Eichlerová, Kateřina (referee)
210 Statutory guaranty under the Czech Commercial Code Guaranty is a relationship between creditor and guarantor under which the latter is obliged to satisfy creditor if the debtor fails to perform a specific obligation. Apart from lien, guaranty is the most common method used to secure obligations. Guaranty usually arises from the contract or guarantor's declaration (thus called voluntary guaranty). There are however many provisions in Commercial Code which set up the guaranty irrespective of the will of parties concerned (statutory guaranty). The aim of the thesis is to provide an overview of all the cases of statutory guaranty which are applied under the Czech Commercial Code. The first chapter deals with general questions related to the guaranty. In spite of the fact that the statutory guaranty comes into existence due to the special Commercial Code's provisions, it may be governed by both Civil and Commercial Code. In this respect the only relevant and decisive factor is the character of the main obligation which is secured by the guaranty. Guaranty is accesoric relationship: it depends on the main obligation and it usually expires upon extinguishment of the obligation it secures. Guaranty may secure only a valid obligation of the debtor but an obligation which will arise in the future or an...
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